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2025 DAILYLAW 715 (ORI)

PINTU @ ASIT BARALA v. STATE OF ODISHA

BLAPL/6702/2025 · 2026-02-12

Gourishankar Satapathy

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.6702 of 2025 Pintu @ Asit Barala … Petitioner Mr. N. Jhujharsingh, Advocate -versus- State of Odisha & Another … Opposite Parties Mr. M.R. Patra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 12.02.2026 04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is an application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Nachuni P.S. Case No.117 of 2025 corresponding to T.R. Case No.226 of 2025 pending in the Court of learned Special Judge (POCSO)-cum-Addl. Sessions Judge, Bhubaneswar, being charge sheeted for commission of offence punishable U/Ss.64(2)(m)/ 65(1)/70(2)/49/3(5) of BNS read with Sec-6 of POCSO Act, on the main allegation of kidnapping the victim and committing Gang Rape and aggravated penetrative sexual assault upon her. 3. In the course of hearing, Mr. Nilakantha Jujharsingh, learned counsel for the petitioner submits that the pre-trial detention of the petitioner would have adverse impact on the petitioner, but the petitioner having not committed any offence, there would not be any impediment to grant bail to him. Further, Mr. p. 2 Jujharsingh submits that the petitioner is in custody for nine months, but the allegation sought to be brought against the petitioner does not depict a case of Gang Rape and the medical evidence does not corroborate the sexual assault upon the victim. Accordingly, Mr. Jujharsingh prays to grant bail to the petitioner. 3.1. On the other hand, Mr. M.R. Patra, learned Addl. PP by relying upon the statement of the victim prays to reject the bail application of the petitioner. 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 materials collected in support of the allegation against the petitioner together with the other circumstances on record in entirety including the presumption as available U/S.29 of the POCSO Act, this Court does not consider it proper to grant bail to the petitioner. Hence the bail application of the petitioner stands rejected. Accordingly, the BLAPL stands disposed of. A soft copy of this order be immediately transmitted to the Court in seisin over the matter for reference. (G. Satapathy) Judge S.Sasmal Designation: Jr. Stenographer