Rajendra Sethi Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2025)

Rajendra Sethi Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2025)

What the court decided

AI extract

Outcome

Admission to bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) only with one solvent surety for the like amount, subject to the condition that the petitioner shall not contact the victim or visit her house, street and village till disposal of the case; BLAPL disposed of.

Issue for consideration

Whether the petitioner, arraigned for offences punishable U/Ss. 373/376(2)(n) IPC r/w Sec.6 POCSO Act in Spl. POCSO Case No.74 of 2024 (arising from Bhadrak Rural PS Case No.288 of 2024), should be admitted to bail under S.483 BNSS.

Court's answer

After considering the rival submissions, the nature and gravity of the offences alleged vis-à-vis the accusations sought to be brought against him, the petitioner's pre-trial detention in custody since 30.09.2024 with submission of charge-sheet in the meantime, other circumstances on record in entirety including the statement of the victim, and without expressing any view on merits, the Court admits the petitioner to bail.

Ratio / Principle

The bail application stands allowed; the petitioner is permitted 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.

Key takeaways

Bail is subject to the condition that the petitioner shall not contact the victim or visit her house, street and village till disposal of the case.ratio¶5(i)

Detailed headnote1 paragraphs

Bail granted (S.483 BNSS): High Court of Orissa at Cuttack, G. Satapathy, Judge (oral order dated 19.08.2025) in BLAPL No.5678 of 2025 — Rajendra Sethi v. State of Odisha. Petitioner, accused in Bhadrak Rural PS Case No.288 of 2024 / Spl. POCSO Case No.74 of 2024 (pending before learned ADJ-cum-Spl. Judge under POCSO Act, Bhadrak) for offences punishable U/Ss. 373/376(2)(n) IPC r/w Sec.6 POCSO Act on allegations of kidnapping the victim and committing rape and aggravated penetrative sexual assault upon her, in pre-trial custody since 30.09.2024 with charge-sheet submitted, admitted to bail without expressing any view on merits, on furnishing bail bonds of Rs.25,000/- with one solvent surety for the like amount, subject to the condition that he shall not contact the victim or visit her house, street and village till disposal of the case.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.5678 of 2025

Rajendra Sethi

Petitioner

Mr. H.K. Nayak, Advocate

-versus-

State of Odisha

… Opposite Party

Mr. M.K. Mohanty, Addl. PP

CORAM:

JUSTICE G. SATAPATHY

ORDER(ORAL)

Order No.

03.

19.08.2025

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

This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Bhadrak Rural PS Case No.288 of 2024 arising out of Spl. POCSO Case No.74 of 2024 pending in the Court of learned ADJcum-Spl. Judge under POCSO Act, Bhadrak, for commission of offences punishable U/Ss. 373/376(2)(n) of IPC r/w Sec.6 of the POCSO Act, on the allegation of kidnapping the victim and committing rape and aggravated penetrative sexual assault upon her. 3. Heard, Mr. Hemanta Kumar Nayak, learned counsel for the petitioner appearing virtually and Mr. M.K. Mohanty, learned Additional Public Prosecutor in the matter and perused the record, but none appears for the informant despite having entered appearance through a learned counsel.

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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 30.09.2024 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, this Court without expressing any view on merits 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 with the following condition:-

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

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

Signature Not Verified

Digitally Signed Signed by: JAYAKRUSHNA DASH Reason: Authentication Location: High Court of Orissa, C utta ck Date: 20-Aug-2025 20:24:19

(G. Satapathy)

Judge

Jayakrushna

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