Allowed¶19

Juleising Tiyu v. State of Odisha

Bail – Section 483 BNSS

Orissa HC12 Aug 2025BLAPL/5795/2025

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Case brief

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What is this about?

Keywords: Section 483 BNSS bail application; Section 35(2) POCSO Act one-year disposal mandate; right to speedy trial as fundamental right of accused; prolonged custody since 24.01.2020; trial unconcluded; rape and aggravated penetrative sexual assault; minor victim under 16 years; Deogarh PS Case No.14 of 2020; Spl GR Case No.02 of 2020; bail bond Rs.50,000 with one solvent surety; High Court of Orissa at Cuttack; BLAPL 5795/2025; bail granted without expressing view on merits.

What did the court decide?

Petitioner admitted to bail on furnishing 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 deemed fit and proper by it; urgent certified copy of the order directed as per Rules. ¶19

Juleising Tiyu Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2025)

What the court decided

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Outcome

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Issue for consideration

Whether the petitioner, in custody since 24.01.2020 with the trial yet unconcluded in a POCSO matter involving a minor victim, should be admitted to bail in view of the accused's right to speedy trial and the Section 35(2) POCSO mandate for disposal within one year of cognizance.

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Court's answer

Right to speedy trial is the fundamental right of an accused, but it appears not to have been adhered to in this case, the petitioner having been in custody since 24.01.2020 while the trial remains unconcluded.

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Ratio / Principle

Taking into account the facts, rival submissions, and the mandate of Section 35(2) of the POCSO Act prescribing disposal as far as possible within one year from the date of taking cognizance, the Court, without expressing any view on merits, admits the petitioner to bail.

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Key takeaways

Bail granted on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand) 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 it deems fit and proper.ratio¶19

Detailed headnote1 paragraphs

Bail – Section 483 BNSS – POCSO case (Deogarh PS Case No.14 of 2020 / Spl GR Case No.02 of 2020, charges under Sections 3/2(2)(n)/376(3) IPC r/w Section 6 POCSO Act for rape and aggravated penetrative sexual assault on a girl aged about less than 16 years) – petitioner in custody since 24.01.2020 with trial yet to be concluded – right to speedy trial of an accused is a fundamental right and appears not adhered to – mandate of Section 35(2) POCSO Act (disposal within one year of cognizance) taken into account – bail allowed without expressing any view on merits, on bond of Rs.50,000/- with one solvent surety for like amount, to the satisfaction of the court in seisin (High Court of Orissa at Cuttack, G. Satapathy J., 12.08.2025).

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.5795 of 2025

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Juleisingh Tiyu

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Petitioner

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Mr. D.R. Bhokta, proxy counsel On behalf of Mr. B.P. Sarangi, Advocate

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-versus-

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State of Odisha

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… Opposite Party

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Mr. M.K. Mohanty, Addl. PP

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CORAM: JUSTICE G. SATAPATHY

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ORDER(ORAL) 12.08.2025

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Order No.

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03.

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

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This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with Deogarh PS Case No.14 of 2020 arising out of Spl GR Case No.02 of 2020, pending in the Court of learned Addl. Sessions Judge-cum-Judge Special Court, Deogarh for commission of offences punishable U/Ss. 3/2(2)(n)/376(3) of IPC r/w Sec.6 of POCSO Act, on the allegation of committing rape and aggravated penetrative sexual assault upon the victim aged about less than 16 years.

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Heard, Mr. Dipti Ranjan Bhokta, learned proxy counsel appearing on behalf of Mr. Bishnu Prasad Sarangi learned counsel for the petitioner and Mr. M.K. Mohanty, learned Additional Public Prosecutor in the matter and perused the record, but

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none appears for the victim despite being duly informed as intimated by learned State counsel.

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Admittedly, the petitioner is in custody since 24.01.2020, but trial is yet to be concluded. Right to speedy trial is the fundamental right of an accused, but that appears to have not been adhered in this case. In view of the above facts and after having considered the rival submissions and taking into account the mandate of Section 35(2) of the POCSO Act, which prescribes for disposal of the case as far as possible within one year from the date of taking cognizance of offences, 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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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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Jayakrushna

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Signature Not Verified

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Digitally Signed Signed by: SUBHASMITA SASMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 13-Aug-2025 19:13:14

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Juleising Tiyu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Juleising Tiyu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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