Binod Samal @ Aju v. State of Odisha

Orissa HC11 Aug 2025BLAPL/289/2025

Case brief

AI extract

What is this about?

Bail granted; second successive bail application under S.483 BNSS; offences under Ss.363/366/376(2)(n)/376(3) IPC r/w S.6 POCSO Act; Gurudijhatia P.S. Case No.62 of 2024; Special G.R. Case No.54 of 2024; A.D.J.-cum-Special Court under POCSO Act, Cuttack; custody/pre-trial detention since 18.03.2024; victim's evidence on record; presumption of innocence; bail without expressing view on merits; bail bond Rs.50,000/- with one solvent surety; informant/victim absent despite intimation; BLAPL disposed of; judge G. Satapathy; decided 11.08.2025.

What did the court decide?

Petitioner admitted to bail on furnishing bail bonds of Rs.50,000/- with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case; BLAPL disposed of. ¶¶20

Binod Samal @ Aju Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2025)

What the court decided

AI extract

Outcome

Petitioner admitted to bail on furnishing bail bonds of Rs.50,000/- with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case; BLAPL disposed of.

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Issue for consideration

Whether the petitioner should be granted bail in connection with Gurudijhatia P.S. Case No.62 of 2024 / Special G.R. Case No.54 of 2024 for offences punishable under Sections 363/366/376(2)(n)/376(3) IPC r/w Section 6 of POCSO Act.

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Court's answer

After considering the rival submissions, the nature and gravity of the alleged offences, the accusations against the petitioner, his pre-trial detention since 18.03.2024, the materials on record including the victim's evidence, and the accused's right to be presumed innocent until proven guilty, the Court admitted the petitioner to bail without expressing any view on merits.

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Ratio / Principle

The petitioner was allowed to go on bail on furnishing a bail bond of Rs.50,000/- 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 that Court deems fit and proper.

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Detailed headnote1 paragraphs

High Court of Orissa at Cuttack — Binod Samal @ Aju v. State of Odisha & Another, BLAPL No.289 of 2025 (order dated 11.08.2025, G. Satapathy, J.). Second successive bail application under S.483 BNSS arising out of Gurudijhatia P.S. Case No.62 of 2024, corresponding to Special G.R. Case No.54 of 2024 pending before the learned A.D.J.-cum-Special Court under POCSO Act, Cuttack, for offences punishable under Sections 363/366/376(2)(n)/376(3) IPC r/w Section 6 of POCSO Act, on allegations of kidnapping the victim and committing rape and aggravated penetrative sexual assault upon her. None appeared for the informant/victim despite intimation. Weighing the nature and gravity of the offences against the petitioner's pre-trial detention since 18.03.2024, the record including the victim's evidence, and the presumption of innocence, the Court admitted the petitioner to bail without expressing any view on merits, on a bail bond of Rs.50,000/- with one solvent surety for the like amount, to the satisfaction of the trial court, on such terms as it deems fit. Bail application allowed; BLAPL disposed of.

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.289 of 2025

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Binod Samal @ Aju

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… Petitioner

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Mr. B.R. Mohanty, Advocate

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-versus-

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State of Odisha & Another … Opposite Parties

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Mr. P. Satpathy, Addl. PP

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CORAM: JUSTICE G. SATAPATHY

ORDER(ORAL)

Order No.

03.

11.08.2025

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

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This is the 2^nd successive bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Gurudijhatia P.S. Case No.62 of 2024 corresponding to Special G.R. Case No.54 of 2024 pending in the file of learned A.D.J.-cum-Special Court under POCSO Act, Cuttack, for commission of offences punishable U/Ss. 363/366/376(2)(n)/376(3) 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. Bibhuti Ranjan Mohanty, learned counsel for the petitioner and Mr. P. Satpathy, learned Additional Public Prosecutor in the present matter and perused the record. None appears for the

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informant/victim despite being duly intimated as informed by learned Addl. PP. At the outset, Mr. Mohanty informs this Court that this is the 2^nd bail application of the petitioner, but no bail application of the petitioner is pending before any of the forum except this one.

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After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-àvis the accusations sought to be brought against him and regard being had to the pre-trial detention of the petitioner in custody since 18.03.2024 and on going through the materials placed on record together with the evidence of the victim and keeping in view the inherent right of an accused to be presumed innocent until proven guilty at the trial, this Court without expressing any view on merits 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.50,000/- (Rupees Fifty 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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