Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.13731 of 2025
Nandan Naik … Petitioner Mr. B.K. Ragada, Advocate -versus- State of Odisha and another … Opposite Parties Mr. S.C. Pradhan, Addl. PP
CORAM: JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) 09.03.2026
02.
1. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Berhampur Town PS Case No.84 of 2025 corresponding to GR Case No.32 of 2025 pending in the file of learned Adhoc Additional District & Sessions Judge (FTSC) under POCSO Act, Berhampur, for commission of offences punishable U/Ss.87/64(2)(m)/64(2)(f)/65(1) of BNS r/w Section 6 of POCSO Act, on the main allegation of kidnapping the victim and committing rape and aggravated penetrative sexual assault upon her.
2. Heard, Mr. Bijaya Kumar Ragada,
learned counsel for the petitioner and Mr. S.C. Pradhan, learned Additional Public Prosecutor in the matter and perused the record including the copy of deposition of the victim. None appears for the informant/victim despite being duly informed as apprised by 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 petitioner vis-à-vis the accusations sought to be brought against him and regard being had to the pre trial detention of the petitioner in
custody since 07.03.2025 with examination of the victim in the meantime and, thereby, there being little apprehension of tampering of evidence of material witness like 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 view on merits admits the petitioner to bail, but subject to certain conditions.
4. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty- five Thousand) only with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-
(i) the petitioner shall not contact the victim in any way or any manner and he shall not visit to the house of the victim, & (ii) the petitioner shall not threaten, induce, influence or coerce any of the witnesses including the family members of the victim acquainted with the facts of the case so as to dissuade them from disclosing such facts before the Court.
5. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. 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 Subhasmita Designation: Sr. Stenographer