Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.12391 of 2025
Mir Arbaz @ Mir Sani … Petitioners Mr. K. Mohanty, Advocate
-versus- State of Odisha & Another … Opposite Parties Mr. T.K. Acharya, Addl. PP
CORAM: JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL)16.03.2026
03.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with Khaira P.S. Case No.155 of 2025 corresponding to Special Case No.221 of 2025 pending in the file of A.D.J.-cum-Special Court under POCSO Act, Balasore, for commission of offences punishable U/Ss. 137(2)/65(1) of the BNS read with Section 4(2)/6 of the POCSO Act, on the main allegation of kidnapping the victim and committing rape and aggravated penetrative sexual assault upon her.
3. Heard, Mr. Kuldeep Mohanty, learned counsel for the petitioner and Mr. T.K. Acharya, learned Addl. PP in the matter and perused the record, but none appears for the victim despite being duly informed as apprised by the learned State Counsel.
4. After having considered the rival submissions and taking into consideration the nature and gravity of the offence 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 26.08.2025 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 an accused to be presumed innocent until proven guilty at the trial, this Court without expressing any view on merit, 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 contact the victim in any way or in any manner and he shall not visit to the house or village of the victim till disposal of the case.
6. Accordingly, the BLAPL stands disposed of. 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 S.Sasmal