IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.12810 of 2025 Banshidhar Behera … Petitioner Mr. M. Padhy, proxy counsel on behalf of Mr. A.S. Paul, Advocate -versus- State of Orissa & Another … Opposite Parties Mr. P. Satpathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL)04.05.2026 03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Sahidnagar PS Case No.430 of 2023 corresponding to TR Case No.626 of 2023 pending in the file of learned Special Judge(POCSO)- cum-Addl. Sessions Judge, Bhubaneswar for commission of offences punishable U/Ss. 363/366/376(1)(3) of IPC r/w Sec.4 of POCSO Act, on the main allegation of kidnapping the victim and committing rape and aggravated penetrative sexual assault upon her. 3. Heard, Mr. Manoranjan Padhi, learned proxy counsel appearing on behalf of Mr. Amlan Shakti Paul, learned counsel for the petitioner and Mr. P. Satpathy, learned Additional Public Prosecutor in the matter and perused the record. None appears for the victim despite being duly informed as apprised by the learned Addl. PP. 4. 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 accusation sought to be brought against him and regard being had to the pre-trial detention of the petitioner in custody since 17.08.2025 with submission of charge-sheet in the meantime and taking into account the other circumstances on record in entirety including the statement of the victim and keeping in view the inherent right of the accused to be presumed innocent until proven guilty at the trial, this Court without expressing any view on merit admits the petitioner to bail, but subject to certain conditions. 5. 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 or visit her house or village; (ii)the petitioner shall not threaten/ influence/induce/ coerce any of the witnesses including the informant and her family members acquainted with the facts of the case so as to dissuade them disclosing such facts before the Court; and (iii) the petitioner shall appear before the IIC of the concerned local Police Station once in a week preferably on a Sunday in each month in between 10 A.M. to 12 Noon for three (03) months from the actual date of release from the custody. The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated. This Court, however, reserves liberty to the State and the informant to file appropriate application for cancellation of bail of the petitioner in case of violation of the above condition or a case for cancellation of bail is otherwise made out. In such event of application for cancellation of bail, the learned Court in seisin over the matter is at liberty to pass appropriate order in accordance with law without further reference to this Court. 6. Accordingly, the BLAPL stands disposed of. 7. 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 Jayakrushna