Subha Das @ Subrat Das Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2026)

Subha Das @ Subrat Das Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2026)

What the court decided

AI extract

Outcome

Conditional release on bail: petitioner to surrender before the Additional Sessions Judge-cum-PO under the Special Court of POCSO Act, Balasore (or the Children's Court) within a fortnight; upon surrender, release on bail in connection with Special Case No.353 of 2025 on a bail bond of Rs.30,000/- with one solvent surety for the like amount; parents to furnish undertaking against further mischief involving the victim while on bail.

Issue for consideration

Whether the petitioner, accused in Special Case No.353 of 2025 arising from Basta P.S. Case No.445 of 2025 pending before the Special Court of POCSO Act, Balasore, should obtain pre-arrest bail under Section 482 BNSS. +1 more

Court's answer

The ABLAPL petition stands disposed of, with a direction that the petitioner surrender before the learned Additional Sessions Judge-cum-PO under the Special Court of POCSO Act, Balasore (or the Children's Court) within a fortnight from the date of the order.

Ratio / Principle

Upon surrender in compliance with the direction, the petitioner shall be released on bail in connection with Special Case No.353 of 2025 on furnishing a bail bond of Rs.30,000/- with one solvent surety for the like amount, to the satisfaction of the court below.

Key takeaways

The parents of the petitioner are directed to furnish an undertaking ensuring that he does not commit any further mischief involving the victim while on bail.ratio¶21
Considering the petitioner's age (shown as 15 years at the incident, still a minor) and his status as a juvenile-in-conflict with law, and that the alleged mischief was committed against the victim, this Court recording counsel's submissions and the ASC's objections inclined to direct him to surrender before the learned court below for being released on bail with suitable conditions imposed.ratio¶19

Detailed headnote1 paragraphs

Orissa High Court at Cuttack, ABLAPL No.488 of 2026, decided 16.04.2026 (R.K. Pattanaik, J.) — Pre-arrest bail under Section 482 BNSS sought by petitioner Subha Das @ Subrat Das, shown to be 15 years old on the date of the alleged incident and still a minor, in connection with Basta P.S. Case No.445 of 2025 corresponding to Special Case No.353 of 2025 pending before the Additional Sessions Judge-cum-PO, Special Court of POCSO Act, Balasore. FIR perused (Annexure-1); petitioner's juvenile status claimed via school certificate (Annexure-2); victim's statement recorded under Section 183 BNSS during investigation produced to the Court, her version being sexual assault during the alleged incident, and the informant stated to have received injury. Considering the petitioner's juvenile-in-conflict-with-law status and the nature of the mischief against the victim, the Court disposed of the petition with a direction to surrender before the Additional Sessions Judge-cum-PO (or the Children's Court) within a fortnight and, upon surrender, release on bail in Special Case No.353 of 2025 on a bail bond of Rs.30,000/- with one solvent surety for the like amount, subject to the petitioner's parents furnishing an undertaking against further mischief involving the victim while on bail. No precedent cases cited; no separate opinions.