IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.10927 of 2024 Manoj Rout … Petitioner Mr. J. Behera, Advocate on behalf of Mr. P.K. Samal, Advocate -versus- State of Odisha … Opposite Party Mr. R.B. Mishra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 13.03.2025 04. 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 Deogaon PS Case No.179 of 2023 corresponding to Spl. GR Case No.94 of 2023 pending in the file of learned Additional District Judge-Cum-Special Judge (POCSO), Balangir, for commission of offences punishable under Sections 363/376(2)(n)/366 of IPC r/w Section 6 of POCSO Act, on the allegation of committing rape and aggravated penetrative sexual assault upon the victim aged about less than 16 years. 3. Heard, Mr. Jayadeb Behera, learned counsel appearing on behalf of Mr. Prakash Kumar Samal, learned counsel for the petitioner and Mr. S.K. Rout, learned Additional Public Prosecutor in the present matter and perused the record. None appears for the victim despite being duly intimated as informed by 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 accusations sought to be brought against him and regard being had to the pre-trial detention of the petitioner in custody since 21.11.2023 and on going through the evidence of the victim, which has been produced by the learned counsel for the petitioner, this Court without expressing any view on merits admits the petitioner to bail. 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 two solvent sureties each 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 commit any offence while on bail, (ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.269 of BNS, 2023 in accordance with law, (iii) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on 2nd Sunday of each month in between 10 A.M. to 12 Noon for three(03) months from the actual date of his release from the custody and (iv) the petitioner shall not contact or visit the house or nearby area of the house of the victim till disposal of the case. The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated. It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for similar/grave offences on prima facie accusations may be treated as a ground for cancellation of bail in this case. 6. Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer