Rabindra Singh @ Rabi Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2025)

Rabindra Singh @ Rabi Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2025)

What the court decided

AI extract

Outcome

Bail application allowed; petitioner admitted to bail on furnishing bail bonds of Rs.25,000/- with one solvent surety for the like amount, to the satisfaction of the learned court in seisin, on terms and conditions deemed fit by that court; BLAPL disposed of; urgent certified copy ordered as per Rules.

Issue for consideration

Whether the petitioner, in custody in connection with Baliapal PS Case No.135 of 2024 / Special Case No.197 of 2024 (CT Case No.385 of 2024) for offences punishable under Sections 137(2)/87/64(2)(m)/65(1) BNS r/w Section 4 of POCSO Act, should be admitted to bail under Section 483 of BNSS by the High Court.

Court's answer

Having considered the rival submissions, the nature and gravity of the offence alleged vis-a-vis the accusations, the petitioner's pre-trial custody since 07.08.2024, submission of the charge-sheet, other circumstances including the statement of the victim, and the right of the accused to be presumed innocent until proven guilty, the Court admitted the petitioner to bail without expressing any opinion on the merits of the case.

Ratio / Principle

The petitioner was allowed to go 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 of the case, on such terms and conditions as deemed fit and proper by it.

Detailed headnote1 paragraphs

BAIL — S.483 BNSS (BLAPL No.1475 of 2025) — Accused Rabindra Singh @ Rabi sought regular bail in Baliapal PS Case No.135 of 2024 / Special Case No.197 of 2024 (CT Case No.385 of 2024), pending before the learned ADJ-cum-Special Court under POCSO Act, Balasore, for offences punishable under Sections 137(2)/87/64(2)(m)/65(1) BNS r/w Section 4 of POCSO Act on the main allegation of kidnapping the victim and committing rape and penetrative sexual assault upon her; informant/victim absent despite due intimation. Balancing the nature and gravity of the alleged offence against pre-trial detention since 07.08.2024, submission of charge-sheet in the meantime, other circumstances on record including the statement of the victim, and the accused's right to be presumed innocent until proven guilty at trial, the High Court (G. Satapathy, J.), without expressing any opinion on merits, admitted the petitioner to bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty-five Thousand) with one solvent surety for the like amount, to the satisfaction of the court in seisin, on such terms and conditions as deemed fit and proper by it. Order dated 15.09.2025.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1475 of 2025

Rabindra Singh @ Rabi

… Petitioner

Mr. D. Sethy, Advocate

-versus-

State of Orissa and another … Opposite Parties

Mr. C. Mohanty, Addl. PP

CORAM: JUSTICE G. SATAPATHY

Order No.

03.

ORDER(ORAL) 15.09.2025

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

This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Baliapal PS Case No.135 of 2024 corresponding to Special Case No.197 of 2024 (CT Case No.385 of 2024) pending in the file of learned ADJ-Cum-Special Court under POCSO Act, Balasore, for commission of offences punishable U/Ss.137(2)/87/64(2)(m)/65(1) of BNS r/w Section 4 of POCSO Act, on the main allegation of kidnapping the victim and committing rape and penetrative sexual assault upon her.

Heard, Mr. Dharmendra Sethy, learned counsel for the petitioner and Mr. C. Mohanty, learned Additional Public Prosecutor in the matter and perused the record. None appears for the informant/victim despite being duly intimated as apprised by learned Addl. PP.

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After having considered the rival submissions and taking into consideration the nature and gravity of the offence as alleged against the petitioner vis-a-vis the accusations sought to be brought against him and regard being had to the pre trial detention of the petitioner in custody since 07.08.2024 with submission of charge-sheet in the meantime and taking into account the other circumstances on record in entirety including the statement of the victim and keeping in view the right of the accused to be presumed innocent until proven guilty at the trial, this Court without expressing any opinion on merits of the case, 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.

Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules.

(G. Satapathy) Judge

Subhasmita

Signature Not Verified

Digitally Signed Signed by: SUBHASMITA DAS Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 16-Sep-2025 11:01:46

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