Ashok Kumar Behera v. State of Odisha

Orissa HC28 Nov 2025ABLAPL/9815/2025

Case brief

AI extract

What is this about?

Orissa High Court, ABLAPL No. 9815 of 2025, Justice V. Narasingh, 28.11.2025: pre-arrest bail sought by school principal, vice principal and class teacher in POCSO/BNS case (Angul P.S. Case No.794 of 2025; Spl. G.R. (POCSO) Case No.55 of 2025; Ss.65(2)/127(2)/351(2)/3(5) BNS and Ss.6/21 POCSO Act); 183 BNSS statement reviewed showing steps taken to secure the child; conditional release on bail upon surrender within three weeks; direction to cooperate with investigation; application disposed of.

What did the court decide?

Conditional pre-arrest bail: Petitioners to surrender within three weeks and move for bail, whereupon they shall be released on bail by the learned Court in seisin on such terms as deemed just and proper; Petitioners directed to cooperate with the ongoing investigation. ¶¶27

Ashok Kumar Behera Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Petitioners — stated to be the principal, vice principal and class teacher of Rotary Public School — are entitled to pre-arrest bail in connection with Spl. G.R. (POCSO) Case No.55 of 2025 arising out of Angul P.S. Case No.794 of 2025.

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Court's answer

Perusal of the 183 BNSS statement of the victim showed that the Petitioners had taken all possible steps to instill a sense of security in the child.

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Ratio / Principle

Considering the nature of allegations, the Court directed that on surrendering within three weeks and moving for bail, the Petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.

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Detailed headnote1 paragraphs

Pre-arrest bail application (ABLAPL No. 9815 of 2025, High Court of Orissa at Cuttack, Justice V. Narasingh, order dated 28.11.2025) by the principal, vice principal and class teacher of Rotary Public School facing prosecution under Sections 65(2)/127(2)/351(2)/3(5) of BNS and Section 6/21 of POCSO Act (Angul P.S. Case No.794 of 2025; Spl. G.R. (POCSO) Case No.55 of 2025 pending before the Special Court, Angul), on the allegation that they did not act with promptitude in instituting the FIR after the incident of 14.08.2025. After perusing the victim's 183 BNSS statement, the Court found that the Petitioners had taken all possible steps to instill a sense of security in the child and, considering the nature of allegations, directed that on surrendering within three weeks and moving for bail they be released on bail by the learned Court in seisin on such terms as deemed just and proper; the Petitioners were to cooperate with the ongoing investigation and the ABLAPL stood disposed of.

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 9815 of 2025

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1. Ashok Kumar Behera

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Petitioners

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2. Manoranjan Panda

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3. Smruti Singdha Sahoo

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Mr. K. Gaya, Advocate

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-versus-

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1. State of Odisha

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…. Opposite Parties

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2. X (Informant)

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Mr. S. Panda, ASC Mr. A. Mishra, Adv. (Informant)

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CORAM: JUSTICE V. NARASINGH ORDER

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28.11.2025

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Order No.

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Heard learned counsel for the Petitioners, learned counsel for the State and learned counsel for the Informant.

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03.

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The Petitioners are seeking pre-arrest bail in connection with Spl. G.R. (POCSO) Case No.55 of 2025 pending on the file of learned Addl. District & Sessions Judge-cum-Special Court under POCSO Act, Angul arising out of Angul P.S. Case No.794 of 2025 for commission of offences punishable under Sections 65(2)/127(2)/351(2)/3(5) of BNS and Section 6/21 of POCSO Act.

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It is submitted that the present Petitioners are the principal and vice principal and class teacher of Rotary Public School, where the child of the informant was studying and the essence of the allegation against them is that they did not take steps with promptitude in

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institution of FIR, taking into account the nature of the allegations under the POCSO Act.

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It is submitted by the learned counsel for the Petitioners that the unfortunate incident happened on 14.08.2025 and on the very day the FIR has been instituted. Hence, the allegations are ex-facie untenable.

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Learned counsel for the Informant submits that taking into account the role played by the Petitioners, they are not entitled to be released on pre-arrest bail.

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This Court perused the 183 BNSS statement of the victim.

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From the tenor thereof, it is seen that the Petitioners are taken all possible steps to instill a sense of security in the child.

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Considering the nature of allegations, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.

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It is needless to state that the Petitioners shall cooperate with the ongoing investigation.

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Accordingly, the ABLAPL stands disposed of. 11. U.C.C. as per rules.

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Signature Not Verified

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Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 01-Dec-2025 18:58:28 Santoshi

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(V. NARASINGH) utta ck Judge

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Ashok Kumar Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ashok Kumar Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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