p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 13019 of 2024 Naresh Bharasagaria … Petitioner Mr. D.P.S. Mallick, Advocate -versus- State of Odisha … Opposite Party Mr. A. Pradhan, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 26.06.2025 04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is the 4th successive bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Muribahal, Balangir P.S. Case No.81 of 2018 corresponding to Special G.R. Case No.92 of 2018 pending in the file of learned Addl. District Judge-cum-Special Court under POCSO Act, Balangir, for commission of offences punishable U/S.363/ 366/ 376(2)(n) of IPC r/w. Section 6 of the POCSO Act and Section 3(2)(v) of SC & ST (PoA) Act, on the allegation of kidnapping the victim and committing rape and aggravated penetrative sexual assault upon her by taking advantage of her caste to be a member of Scheduled Caste. p. 2 3. Heard, Mr. Durga Prasad S. Mallick, learned counsel for the petitioner and Mr. A. Pradhan, learned Addl. Public Prosecutor in the matter and perused the record. Mr. Mallick at the outset informs this Court that this is the 4th bail application of the petitioner, but no bail application of the petitioner is pending before any other forum except this one. 4. It is found from the copy of the charge sheet annexed with this bail application that the petitioner was aged about 20 years at the time of occurrence and he was taken into custody on 24.04.2021, however, the trial is yet to be concluded. Besides, the victim has already been examined in this case. 5. In view of the above facts and after having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioner and on going through the materials placed on record including the evidence of the victim and regard being had to the long custody of the petitioner since 24.04.2021 and taking into account the mandate of Section 35(2) of the POCSO Act and right to speedy trial being the fundamental right of an accused as guaranteed under Article 21 of the Constitution of India, this Court without expressing any view on merits, admits the petitioner to bail. 6. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on p. 3 bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) 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 BNSS in accordance with law and (iii) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on Sunday of each month in between 10 A.M. to 12 Noon for six (06) 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. 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 any grave/similar offence on p. 4 prima facie accusations may be treated as a ground for cancellation of bail in this case. 7. Accordingly, the BLAPL stands disposed of. 8. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge S.Sasmal Designation: Jr. Stenographer