Dismissed¶18

Biswajit Sahu v. State of Odisha

Orissa HC28 Oct 2025BLAPL/2200/2025

Case brief

AI extract

What is this about?

High Court of Orissa at Cuttack; BLAPL No.2200 of 2025; Justice G. Satapathy; order dated 28.10.2025; bail rejected under S.483 BNSS; offences under Ss.137(2)/87/296/115(2)/351(2)/64/3(5) BNS r/w Section 6 POCSO Act; kidnapping; rape; aggravated penetrative sexual assault; victim yet to be examined; Loisinga PS Case No.360 of 2024; Special GR Case No.88 of 2024; ADJ-Cum-Spl. Judge (POCSO), Balangir; petitioner Biswajit Sahu; counsel D.S. Mallick; Addl. PP R.B. Mishra.

What did the court decide?

Considering the nature and gravity of the offences alleged (kidnapping coupled with merciless physical and sexual assault on the victim), the statement of the victim, and the fact that the victim is yet to be examined, the Court was not inclined to grant bail to the petitioner at this stage. ¶17

Biswajit Sahu Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2025)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2200 of 2025

¶2

Biswajit Sahu …

¶3

Petitioner

¶4

Mr. D.S. Mallick, Advocate

¶5

-versus-

¶6

State of Odisha and another … Opposite Parties

¶7

Mr. R.B. Mishra, Addl. PP CORAM:

¶8

JUSTICE G. SATAPATHY

ORDER(ORAL)

Order No.

05.

28.10.2025

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

¶14

This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Loisinga PS Case No.360 of 2024 corresponding to Special GR Case No.88 of 2024 pending in the file of learned ADJ-Cum-Spl. Judge (POCSO), Balangir, for commission of offences punishable U/Ss.137(2)/ 87/ 296/ 115(2)/ 351(2)/ 64/ 3(5) of BNS 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.

¶15

Heard, Mr. Durgaprasad Sangramjit Mallick, learned counsel for the petitioner and Mr. R.B. Mishra, 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.

¶16

Page 1 of 2

¶17

After having considered the rival submissions upon perusal of record, there appears allegation against the petitioner for not only kidnapping the victim, but also committing sexual as well as physical assault upon her. In such view of the allegation and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the allegation sought to be brought against him and taking into account the other circumstances on record in entirety including the statement of the victim and there being allegation of merciless physical as well as sexual assault upon the victim against the petitioner, this Court is not inclined to grant bail to the petitioner at this stage, especially when the victim is yet to be examined.

¶18

Hence, the bail application of the petitioner stands rejected. Accordingly, the BLAPL stands disposed of.

¶19

Issue urgent certified copy of the order as per Rules.

¶20

(G. Satapathy)

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Subhasmita

¶22

Signature Not Verified

¶23

Digitally Signed Signed by: SUBHASMITA DAS Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 29-Oct-2025 18:16:40

¶24

Page 2 of 2

Biswajit Sahu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Biswajit Sahu v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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Coram

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