p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1490 of 2026 Bablu Bag … Petitioner Mr. B.B.Routray, Advocate -versus- State of Odisha … Opposite Party Mr. S.C.Pradhan, Addl. PP Mr.A.K.Mohanty, Advocate for informant CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) : 23.04.2026 02. 1. This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with Bheden P.S. Case No. 02 of 2026 corresponding to CT Case No.01 of 2026 pending in the file of learned ADJ-cum- Spl. Court under POCSO Act, Bargarh being charge sheeted for commission of offences punishable U/Ss. 64(2)(m) of the BNS r/w Sec. 6 of the POCSO Act and Sec. 3(2)(v) of the SC/ST(POA) Act, on the main allegation of committing rape and aggravated penetrative sexual assault upon the victim belonging to ST community by taking advantage of her caste. 2. Heard, Mr. Bharat Bhusan Routray, learned counsel for the petitioner, Mr.Amiya Kumar Mohanty, learned counsel who enters appearance for the victim by filing Vakalatnama in Court today, which is taken on record and Mr. S.C.Pradhan, learned Addl. PP in the matter and perused the record. Mr.Mohanty appearing along with the victim, however, strongly opposes the bail application of the petitioner by contending inter alia that the victim is a minor girl and belonging to lower p. 2 strata of society, but the petitioner is a affluent person and he by taking advantage of caste and minority of the victim has exploited her sexually and, therefore, the petitioner should not be granted with bail. 3. After having considered the rival submissions upon perusal of record, no doubt there appears allegation against the petitioner for committing rape and aggravated penetrative sexual assault upon the victim, but there also another FIR by the mother of the victim against the same petitioner for kidnapping the victim, which eventually returned with final report as mistake of fact in Bheden PS Case No. 201 of 2025, however, this is the second FIR lodged by the victim herself against the petitioner. Right now the petitioner is in custody since 07.01.2026, but in the meantime, charge sheet has already been submitted in this case. Be that as it may, taking into account the materials so placed on record and keeping in view the statement of the victim and regard being had to the age of the petitioner and the victim and the circumstance leading to registration of this case and taking into account the inherent right of the accused to be presumed innocent until proven guilty at the trial, this Court without expressing any view on merits, admits the petitioner to bail, but subject to certain conditions. 4. 4. 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) with one solvent surety for the p. 3 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 or her place of residence till disposal of the case, (ii) the petitioner shall not loiter in an around the victim at any place and he shall not engage anyone to threaten the victim, (iii) the petitioner shall not threaten, induce, influence or coerce any of the witnesses including the family members of the victim acquainted with the facts of the case so as to dissuade them from disclosing such facts before the Court, (iv) the petitioner shall report attendance before the jurisdictional Police Station once in a fortnight preferably on a second Sunday in each month in between 10 A.M. to 12 Noon for three(03) months from the actual date of release from the custody. 5. The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated. This Court, however, reserves the liberty to the informant and the State to file appropriate application for cancellation of bail, if any of the conditions are violated or a case for cancellation of bail is otherwise made out. It is made clear that in such event for being approached for cancellation of bail, the learned trial Court would be at liberty to pass appropriate order in accordance with law without further reference to this Court. Page 4 of 4 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 kishore