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2025 DAILYLAW 81065 (ORI)

RAJENDRA BINDHANI @ BUDHIA v. STATE OF ODISHA

BLAPL/10440/2025 · 2025-12-22

Gourishankar Satapathy

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.10440 of 2025 Rajendra Bindhani @ Budhia … Petitioner Mrs. A. Dash, Advocate -versus- State of Odisha and another … Opposite Parties Mr. M.R. Patra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 22.12.2025 03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Spl. Case No.163 of 2025 arising out of Nilgiri PS Case No. 205 of 2025 pending in the Court of learned ADJ- cum-Special Court under POCSO Act, Balasore for commission of offences punishable U/Ss. 64(1)/351(2) of BNS r/w Section 6 of the POCSO Act, on the main allegation of committing rape and aggravated penetrative sexual assault upon the victim. 3. Heard, Mrs. Ashwariya Dash, learned counsel for the Petitioner and Mr. M.R. Patra, learned Addl. Public Prosecutor in the matter and perused the record, but none appears for the victim despite being duly intimated as apprised by learned Addl. PP. 4. After having considered the rival submissions and taking into consideration the nature and gravity of p. 2 the offences as alleged against the petitioner vis-à-vis the allegation sought to be brought against him and regard being had to the materials collected in support of the allegation against the Petitioner and taking into account the statement of the victim and keeping in view other circumstances on record in entirety including the presumption as available U/S. 29 of the POCSO Act, this Court is not inclined to grant bail to the Petitioner. Hence, the bail application of the petitioner stands rejected. Accordingly, the BLAPL stands disposed of. (G. Satapathy) Judge Priyajit