Allowed¶17

Bhagaban Maharana @ Bapunu v. State of Odisha

Orissa HC12 Sept 2025BLAPL/4469/2025

Case brief

AI extract

What is this about?

Orissa HC bail granted (S.483 BNSS) to Bhagaban Maharana @ Bapunu, BLAPL No.4469 of 2025, decided 12.09.2025 by Justice G. Satapathy; POCSO Special Court Balasore case (Khaira PS Case No.98 of 2025 / SC Case No.84 of 2025); charges under Ss.137(2)/64(2)(m)/303(2)/351(1) BNS r/w S.6 POCSO Act for kidnapping, rape and aggravated penetrative sexual assault; detained since 20.03.2025, charge-sheet filed; bail on Rs.25,000 bond with one solvent surety; condition not to contact victim or visit her house till disposal.

What did the court decide?

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 Court in seisin of the case, subject to the condition that he shall not contact the victim or visit her house till disposal of the case. ¶17

Bhagaban Maharana @ Bapunu Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2025)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.4469 of 2025

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Bhagaban Maharana @ Bapunu …

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Petitioner

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Mr. M. Kanungo, Sr. Advocate along with Mr. S.K. Dwivedy, Advocate

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-versus-

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State of Odisha & Anr.

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… Opposite Parties Mr. P. Satpathy, Addl. PP

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Order No.

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02.

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CORAM: JUSTICE G. SATAPATHY ORDER(ORAL) 12.09.2025

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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 the BNSS by the petitioner for grant of bail in connection with Khaira PS Case No.98 of 2025 arising out of SC Case No.84 of 2025 pending in the Court of learned Addl. Sessions Judge-cum-Special Court under POCSO Act, Balasore for commission of offences punishable U/Ss. 137(2)/64(2)(m)/303(2)/351(1) of BNS r/w Section 6 of Protection of Children from Sexual Offences 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. Milan Kanungo, learned Sr. counsel who is being assisted by Mr. Santosh Kumar Dwivedy, learned counsel for the petitioner and Mr. P. Satpathy, learned Additional Public Prosecutor in the matter and perused the record. None appears for the victim

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Page 1 of 2

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despite being duly informed as apprised by learned Addl. Public Prosecutor.

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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-à-vis the accusations sought to be brought against him and regard being had to the pre-trial detention of the petitioner in custody since 20.03.2025 with submission of charge-sheet in the meantime and taking into account the other circumstances on record in entirety including statement of the victim and keeping in view the inherent right of the 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.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 with following conditions:-

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(i) the petitioner shall not contact the victim or visit her house till disposal of the case.

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