Sahadev Ray Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2025)

Sahadev Ray Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2025)

What the court decided

AI extract

Outcome

Bail granted to petitioner Sahadev Ray under S.483 BNSS in Brajrajnagar P.S. Case No.273 of 2024 / C.T. Case No.1035 of 2024, on furnishing bail bonds of Rs.25,000/- with one solvent surety for the like amount, subject to conditions (no fresh offence; attendance at every trial posting, default attracting proceedings under S.269 BNSS; fortnightly reporting at the jurisdictional Police Station for six months from release); liberty reserved to the court in seisin to cancel bail on violation; BLAPL disposed of; urgent certified copy ordered.

Issue for consideration

Whether the petitioner, in custody since 11.10.2024 for the alleged murder along with co-accused of his brother Nakula Ray over a petty land dispute (Brajrajnagar P.S. Case No.273 of 2024), should be admitted to bail on his application under S.483 BNSS. +1 more

Court's answer

On consideration of the facts, rival submissions, the nature and gravity of the alleged offence vis-à-vis the accusations against the petitioner, and the materials on record, the Court — expressly without expressing any view on merits — admits the petitioner to bail.

Ratio / Principle

The bail application is allowed and the petitioner is directed to be released on bail on furnishing bail bonds of Rs.25,000/- with one solvent surety for the like amount to the satisfaction of the court in seisin, on such terms and conditions as that court deems fit and proper.

Key takeaways

Condition of bail: the petitioner shall not commit any offence while on bail and shall attend the trial Court on each date of posting unless his attendance is dispensed with; failure without sufficient cause entitles the learned trial Court to proceed against the petitioner for offence under S.269 of BNSS in accordance with law.ratio¶22
Condition of bail: the petitioner shall report attendance before the jurisdictional Police Station once a fortnight, preferably on Sunday between 10 A.M. and 12 Noon, for six (06) months from actual release; the IIC shall not detain him unnecessarily beyond the stipulated time after recording attendance.ratio¶23
The Court in seisin is at liberty to cancel the bail without further reference to this Court if any condition is violated or a case for cancellation is otherwise made out; future prima facie involvement of the petitioner in any grave/similar offence may be treated as a ground for cancellation.

Detailed headnote1 paragraphs

BAIL — application under S.483 BNSS (BLAPL No.1284 of 2025, High Court of Orissa at Cuttack, G. Satapathy, J., order dated 09.07.2025) by Sahadev Ray, younger brother of the deceased, in custody since 11.10.2024, seeking bail in Brajrajnagar P.S. Case No.273 of 2024 corresponding to C.T. Case No.1035 of 2024, pending before the learned ADJ-cum-Special Court under POCSO Act, Jharsuguda, for offences punishable under Ss.333/126(2)/115(2)/296(b)/103(1)/3(5) BNS on the allegation of murdering his brother Nakula Ray by assault over a petty land dispute along with co-accused persons. Noting the Doctor's opinion that the cause of death was syncope and coronary artery disease (Atherosclerosis) with diabetes and hypertension, and after considering the rival submissions, the nature and gravity of the offence alleged vis-à-vis the accusations, and the materials on record, the Court — without expressing any view on merits — admitted the petitioner to bail on furnishing bail bonds of Rs.25,000/- with one solvent surety for the like amount, imposing conditions: (i) no commission of offence while on bail; (ii) attendance at the trial Court on each date of posting, failure without sufficient cause exposing the petitioner to proceedings under S.269 BNSS; and (iii) fortnightly reporting (preferably Sunday, 10 A.M.–12 Noon) before the jurisdictional Police Station for six (06) months from release, the IIC not to detain him unnecessarily beyond the stipulated time. The court in seisin was left at liberty to cancel the bail without further reference on violation of conditions, future prima facie involvement in a grave/similar offence being treatable as a ground for cancellation. BLAPL disposed of; urgent certified copy ordered.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 1284 of 2025

Sahadev Ray

Petitioner

Ms. S. Soren, Advocate

-versus-

State of Odisha

… Opposite Party Mr. M.R. Patra, Addl. PP

CORAM: JUSTICE G. SATAPATHY

Order No.

03.

ORDER(ORAL) 09.07.2025

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with Brajrajnagar P.S. Case No.273 of 2024 corresponding to C.T. Case No.1035 of 2024 pending in the file of learned ADJ-cum-Special Court under POCSO Act, Jharsuguda, for commission of offences punishable U/Ss.333/126(2)/115(2)/296(b)/103(1)/3(5) of BNS, on the allegation of committing murder of his brother Nakula Ray by assaulting him over a petty land dispute along with co-accused persons.

Heard, Ms. Sevati Soren, learned counsel for the petitioner and Mr. M.R. Patra, learned Addl. PP in the matter and perused the record.

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Admittedly, the cause of death of the deceased as opined by the Doctor to be syncope and coronary artery disease (Atherosclerosis) with diabetes and hypertension. The petitioner is the younger brother of the deceased and he is in custody since 11.10.2024.

In view of the above facts and after having considered the rival submissions and taking into consideration the nature and gravity of the offence as alleged against the petitioner vis-à-vis the accusations sought to be brought against him and on going through the materials placed on record, this Court without expressing any view on merits, admits the petitioner to bail.

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 one solvent surety 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 conditions:-

(i) the petitioner shall not commit any offence while on bail,

(ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with . In case the Petitioner fails without sufficient

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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 BNSS in accordance with law and

(iii) the petitioner shall report attendance before the jurisdictional Police Station once in a fortnight preferably on Sunday of each month in between 10 A.M. to 12 Noon for six (06) months from the actual date of release from the custody.

The IIC of jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for any grave/similar offence on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of. 8. Issue urgent certified copy of the order as per Rules.

(G. Satapathy) Judge

S.Sasmal

Signature Not Verified

Digitally Signed Signed by: SUBHASMITA SASMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 10-Jul-2025 16:39:20

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