p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLA No.407 of 2025 Samaru Naik … Appellant Mr. S.S. Dash, Advocate -versus- State of Odisha & Another … Respondents Mr. R.B. Mishra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) : 07.04.2026 04. 1. This Criminal Appeal Under Section 14-A(2) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 together with amendment Act, 2016 (in short, “the Act”) in nature of bail is directed against the impugned order dated 28.02.2025 passed by the learned Addl. Sessions Judge-cum-Special Court under POCSO, Sonepur in Special G.R. Case No.25 of 2024 arising out of Tarava P.S. Case No.341 of 2024 refusing to grant bail to the appellant for commission of offence punishable U/S. 65(1) of BNS r/w. Section 4(2) of the POCSO Act and Sections 3(2)(v) of S.C. & S.T. (PoA) Act, on the main allegation of committing rape and penetrative sexual assault upon the victim belonging to SC community. 2. Heard, Mr. Sudhansu Sekhar Dash, learned counsel for the appellant and Mr. R.B. Mishra, learned Addl. Public Prosecutor in the matter and perused the record including the copy of deposition of the victim. None appears for the victim despite being duly informed as apprised by the learned Addl. PP. 3. After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the appellant vis-à-vis the p. 2 accusations sought to be brought against him and regard being had to the pre-trial detention of the appellant in custody keeping in view the evidence of the victim and taking into account the other circumstances on record in entirety including the inherent right of the accused to be presumed innocent until proven guilty at the trial, this Court without expressing any opinion on merit, considers it proper to admit the appellant to bail. 4. Hence, the Criminal Appeal stands allowed and the impugned order is hereby set aside. Consequently, the appellant be released on bail on such terms and conditions as deem fit and proper by the learned Court in seisin of the case. 5. Accordingly, the Criminal Appeal stands disposed of. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference. (G. Satapathy) Judge S.Sasmal Designation: Jr. Stenographer