Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.484 of 2026
Neglu @ Negulu @ Ajay Rao
… Petitioner Ms. A. Dash, Advocate -versus- State of Odisha … Opposite Party Mr. M.R. Patra, Addl. PP
CORAM: JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL): 06.04.2026
02. 1. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Plantsite PS Case No.74 of 2019 corresponding to Spl. GR Case No.13 of 2019 pending in the Court of learned Addl. District & Sessions Judge(FTSC)(POCSO), Rourkela for commission of offences punishable U/Ss. 376(AB) of IPC r/w Section 6 of the POCSO Act, on the main allegation of committing rape and aggravated penetrative sexual assault upon the victim aged about less than 12 years. 2. Heard, Ms. Anita Dash, learned counsel for the petitioner appearing virtually and Mr. M.R. Patra, learned Addl. PP in the matter and perused the record, but none appears for the victim despite being duly intimated as apprised by learned Addl. PP. 3. Admittedly, 11 witnesses have already been examined, but the victim is yet to be examined, however, the certified copy of order sheets of the original trial record as produced by the learned counsel for the Petitioner reveals that till 21.11.2025, the victim was not examined and BW is pending against her. It is true that the mother of the victim has already been examined, but the learned trial Court instead of contacting the victim through her mother has issued BW against her. It is, however, not disputed that
the accused-Petitioner is in custody since 08.03.2019 and suffering pre-trial detention. Further, the mother of the victim has not supported the prosecution allegation against the Petitioner. It is not the case of the prosecution that the Petitioner would abscond in the event of his enlargement on bail and no material has been collected to evidence such fact. In the aforesaid facts and circumstance and taking into account the long pre-trial detention of the Petitioner in custody, this Court without expressing any view on merits admits the Petitioner to bail. 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) 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 condition:-
(i) The petitioner shall cooperate in the trial by attending the Court on each date of posting unless his attendance is dispensed with by the learned trial Court and In case the petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.269 of BNS, 2023 in accordance with law. 5. 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 Priyajit