Allowed¶18

Biju Bauk v. State of Odisha

Orissa HC15 Sept 2025BLAPL/1747/2025

Case brief

AI extract

What is this about?

BLAPL No.1747 of 2025, High Court of Orissa at Cuttack, Justice G. Satapathy, order dated 15.09.2025. Bail application under S.483 BNSS by Biju Bauk in Bangomunda PS Case No.192 of 2023 / Special GR Case No.07 of 2024 (Sections 363, 376(2)(n) IPC r/w Section 6 POCSO Act) before the Special Judge, Balangir. Bail granted considering custody since 09.01.2024 and completion of examination of the victim; bail bond Rs.25,000/- with one solvent surety.

What did the court decide?

Petitioner admitted to bail on furnishing bail bonds of Rs.25,000/- (Rupees Twentyfive 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; BLAPL disposed of. ¶18

Biju Bauk 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 petitioner should be granted bail in connection with Bangomunda PS Case No.192 of 2023 / Special GR Case No.07 of 2024 (offences punishable U/Ss.363/376(2)(n) of IPC r/w Section 6 of POCSO Act), he being in custody since 09.01.2024 and the victim having already been examined in the trial.

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Court's answer

Taking into account that the victim had already been examined in the trial (leaving little scope for tampering of prosecution evidence of material witnesses), the nature and gravity of the allegations vis-a-vis the accusations, the pre-trial detention of the petitioner since 09.01.2024, other circumstances on record including the accused's right to be presumed innocent until proven guilty at the trial, this Court, without expressing any opinion on merits of the case, admitted the petitioner to bail.

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Ratio / Principle

The bail application stands allowed; the petitioner is permitted to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twentyfive 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.

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Detailed headnote1 paragraphs

Bail granted — Offences punishable U/Ss.363/376(2)(n) of IPC r/w Section 6 of POCSO Act (kidnapping, rape and aggravated penetrative sexual assault) — Bangomunda PS Case No.192 of 2023 / Special GR Case No.07 of 2024, Special Judge under POCSO Act, Balangir — Petitioner in custody since 09.01.2024 — Victim already examined in trial, little scope for tampering of her evidence — Bail allowed under S.483 BNSS without expressing opinion on merits, on bail bond of Rs.25,000/- with one solvent surety for the like amount.

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1747 of 2025

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Biju Bauk

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… Petitioner

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Mr. S.K. Behera, Advocate

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-versus-

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State of Orissa and another … Opposite Parties

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Mr. M.R. Patra, Addl. PP Mr. B. Maharatha, Advocate (Informant) CORAM: JUSTICE G. SATAPATHY

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Order No.

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03.

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ORDER(ORAL) 15.09.2025

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

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This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Bangomunda PS Case No.192 of 2023 corresponding to Special GR Case No.07 of 2024 pending in the file of learned Additional Sessions Judge-Cum-Special Judge under POCSO Act, Balangir, for commission of offences punishable U/Ss.363/376(2)(n) of IPC r/w Section 6 of POCSO Act, on the main allegation of kidnapping the victim and committing rape and aggravated penetrative sexual assault upon her.

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Heard, Mr. Santanu Kumar Behera, learned counsel for the petitioner; Mr. Biswaranjan Maharatha, learned counsel for the informant and Mr. M.R. Patra, learned Additional Public Prosecutor in the matter and perused the record.

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Admittedly, the petitioner is in custody since 09.01.2024, but in the meantime, victim has already

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been examined in the trial and, thereby, there is little scope for apprehension of tampering of prosecution evidence of material witness like the victim. In such view of the matter and 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 on going through the materials placed on record and regard being had to the pre trial detention of the petitioner in custody since 09.01.2024 and taking into account the other circumstances on record in entirety including 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.

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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 Twentyfive 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.

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

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(G. Satapathy) Judge

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Subhasmita

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Signature Not Verified

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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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Biju Bauk v. State of Odisha

Case brief

What is this about?

What did the court decide?

Biju Bauk 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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