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2026 DAILYLAW 4208 (ORI)

SUBHA DAS @ SUBRAT DAS v. STATE OF ODISHA

ABLAPL/488/2026 · 2026-04-16

R K Pattanaik

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.488 of 2026 Subha Das @ Subrat Das …. Petitioner Mr. K. Mohanty, Advocate -Versus- State of Odisha & another …. Opposite Parties Mr. S. Panda, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 16.04.2026 03. 1. Heard learned counsel for the respective parties. 2. Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with Basta P.S. Case No.445 of 2025 corresponding to Special Case No.353 of 2025 pending in the court of learned Additional Sessions Judge-cum-PO under Special Court of POCSO Act, Balasore on the grounds stated. 3. Perused the FIR as at Annexure-1. The petitioner is claimed to be a juvenile, referring to a copy of the certificate issued by the school concerned as at Annexure-2. The case diary is produced by Mr. Panda, learned ASC for the State. The statement of the victim recorded under Section 183 BNSS is also produced for the Court’s perusal. The version of the victim is that she was sexually assaulted during the alleged incident. The manner in which the mischief was committed by the petitioner is described by the victim in her above statement recorded during investigation. The age of the petitioner is p. 2 shown as 15 years as on the date of the alleged incident and he is still a minor as on today. The family of the petitioner was involved in the alleged incident. The informant has also received injury, as a result of the mischief committed by the petitioner. But considering the age of the petitioner, who is a juvenile-in-conflict with law and that the alleged mischief has been committed against the victim, whose statement has been recorded during investigation and it was in the immediate presence of her other family members, this Court recording the submission of Mr. Mohanty, learned counsel for the petitioner and objection of Mr. Panda, learned ASC for the State is inclined to direct him to surrender before the learned court below for being released on bail with suitable conditions imposed 4. Accordingly, it is ordered. 5. In the result, the ABLAPL petition stands disposed of with a direction to the petitioner to surrender before learned Additional Sessions Judge-cum-PO under Special Court of POCSO Act, Balasore (or the Children’s Court) within a fortnight from today and in the event, he surrenders in compliance thereof, shall be released on bail in connection with Special Case No.353 of 2025 on furnishing a bail bond of Rs.30,000/- (rupees thirty thousand) with one solvent surety for the like amount to the satisfaction of the court below. It is directed that the parents of the petitioner shall furnish an undertaking to ensure that he does not commit any further mischief involving the victim, while on bail. p. 3 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Balaram Designation: PERSONAL ASSISTANT