Allowed¶20

Rahit Benya @ Rohit Benya v. State of Odisha

Orissa HC30 Oct 2025BLAPL/7634/2025

Case brief

AI extract

What is this about?

BLAPL No.7634 of 2025; Rahit Benya @ Rohit Benya; State of Orissa; Khatiguda PS Case No.1 of 2025; TR Case No.03 of 2025; Addl. Sessions Judge-cum-Special Court under POCSO Act, Nabarangpur; S.483 BNSS bail application; offences under Ss.137(2)/142/87/64(2)(m) BNS r/w Sec.6/17 POCSO Act; kidnapping, rape, aggravated penetrative sexual assault; custody since 14.01.2025; charge-sheet submitted; bail granted without expressing view on merit; bail bond Rs.25,000/- with one solvent surety; Justice G. Satapathy; decided 30.10.2025; victim absent despite notice.

What did the court decide?

Bail application allowed; petitioner admitted to bail on furnishing bail bonds of Rs.25,000/- with one solvent surety for the like amount, subject to terms and conditions fixed by the Court in seisin; urgent certified copy of the order to be issued as per Rules.

Rahit Benya @ Rohit Benya Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, accused of offences punishable under Ss.137(2)/142/87/64(2)(m) of BNS r/w Sec.6/17 of POCSO Act in Khatiguda PS Case No.1 of 2025 / TR Case No.03 of 2025, should be granted bail.

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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 14.01.2025, submission of the charge-sheet, other circumstances including the statement of the victim, and the accused's right to be presumed innocent until proven guilty, the Court admitted the petitioner to bail without expressing any view on merit.

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Ratio / Principle

The petitioner is to be released on bail upon 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 that Court deems fit and proper.

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Detailed headnote1 paragraphs

Bail application under S.483 BNSS (BLAPL No.7634 of 2025, High Court of Orissa at Cuttack, decided 30.10.2025, Justice G. Satapathy) by Rahit Benya @ Rohit Benya in Khatiguda PS Case No.1 of 2025 / TR Case No.03 of 2025 pending before the Addl. Sessions Judge-cum-Special Court under POCSO Act, Nabarangpur, for offences punishable under Ss.137(2)/142/87/64(2)(m) of BNS r/w Sec.6/17 of POCSO Act (alleged kidnapping of the victim and rape/aggravated penetrative sexual assault). Considering the gravity of the alleged offences, pre-trial detention since 14.01.2025, submission of the charge-sheet, the victim's statement and the presumption of innocence, the Court admitted the petitioner to bail without expressing any view on merit, on furnishing bail bonds of Rs.25,000/- with one solvent surety for the like amount; none appeared for the victim despite due information.

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.7634 of 2025

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Rahit Benya @ Rohit Benya & Petitioner

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Mr. A. Mohapatra, proxy counsel on behalf of Mr. R.L. Pattnaik, Advocate

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-versus-

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State of Orissa

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& Opposite Party

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Mr. M.R. Patra, Addl. PP

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CORAM: JUSTICE G. SATAPATHY

ORDER(ORAL)

Order No.

03.

30.10.2025

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

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This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Khatiguda PS Case No.1 of 2025 corresponding to TR Case No.03 of 2025 pending in the file of learned Addl. Sessions Judge-cum-Special Court under POCSO Act, Nabarangpur for commission of offences punishable U/Ss.137(2)/142/87/64(2)(m) of BNS r/w Sec.6/17 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. Ashutosh Mohapatra, learned proxy counsel appearing on behalf of Mr. Rajib Lochan Pattnaik, learned counsel for the petitioner and Mr. M.R. Patra, learned Additional Public Prosecutor in the matter and perused the record. None appears for the

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victim despite being duly informed as apprised by the learned Addl. PP.

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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 14.01.2025 with submission of charge-sheet in the meantime and taking into account other circumstances on record in entirety including the 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 merit 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 by it.

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

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Rules. Signature Not Verified Digitally Signed

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Signed by: JAYAKRUSHNA DASH Reason: Authentication (G. Satapathy) Location: High Court of Orissa, CDate: 31-Oct-2025 11:14:23 utta ck Judge

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Jayakrushna

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Rahit Benya @ Rohit Benya v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rahit Benya @ Rohit Benya v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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