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2026 DAILYLAW 8066 (ORI)

PINTU KAMAR v. STATE OF ODISHA

BLAPL/2919/2026 · 2026-05-01

V Narasingh

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 2919 of 2026 Pintu Kamar …. Petitioner Mr. S. K. Panda, Advocate -versus- State of Odisha …. Opposite Party Mr. P. K. Ray, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 01.05.2026 01. 1. Heard learned Counsel for the Petitioner and learned counsel for the State. 2. The Petitioner is an accused in C.T. (Special) Case No.10 of 2026 pending on the file of learned ADJ-Cum-P.O. (Special Court) POCSO, Jharsuguda arising out of Jharsuguda Airport P.S Case No.43 of 2026, for commission of the offence alleged under Section 64(2)(m), 89 of BNS read with Sec. 6 of POCSO Act and U/s- 3(2)(v) of the SC & ST (PoA) Act. 3. The case of the prosecution in brief is that on 06.03.2026, a 17-year-old female reported that Pintu Kamar (Petitioner) established sexual relationship with her under a false promise of marriage in May 2025. This led to pregnancy, which the accused forcibly terminated via medication. Despite a p. 2 subsequent symbolic marriage, Petitioner allegedly raped the victim again on 27.02.2026 and has not fulfilled the assurance of marriage for which Airport PS Case No. 43/2026 was registered U/s 64(2)(m)/89 BNS and Sec. 6 POCSO Act; investigation is underway. 4. Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. Case is pending in any other Court. 5. Being aggrieved by the rejection of his application for bail U/s.483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) by the learned ADJ-Cum- Special Court under the POCSO Act, Jharsuguda by order dated 19.03.2026 in the aforementioned case, the present BLAPL has been filed. 6. It is submitted by the learned counsel that a consensual relationship has been given the colour of criminality. Hence, the Petitioner may be released on bail. 7. Learned counsel for the State opposes such prayer for bail, inter alia, on the ground that the accusations under the POCSO Act. 8. This Court perused the statement of the victim recorded under Section 183 of BNSS. p. 3 9. Considering the tenor thereof, this Court is not inclined to entertain the bail application of the Petitioner during the currency of investigation. 10. The Petitioner is at liberty to move the learned Court in seisin after filing of charged sheet. If such an application is moved, same shall be considered on its own merits without being influenced by the earlier rejection or the order passed by this Court. 11. Accordingly, the BLAPL stands disposed of. (V. NARASINGH) Judge Jina