Kanhu Charan Parida Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2026)

Kanhu Charan Parida Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2026)

What the court decided

AI extract

Outcome

Petitioner admitted to bail on furnishing bail bonds of Rs.25,000/- (Rupees Twentyfive 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; BLAPL disposed of accordingly.

Issue for consideration

Whether the petitioner, facing prosecution in Nayagarh Sadar PS Case No.109 of 2019 (TR Case No.169 of 2024 / Special GR Case No.66 of 2019) for offences under Ss.363/366/376(2)(n)/417 IPC r/w Section 6 of POCSO Act, Sections 3(1)(r)/3(1)(s)/3(2)(va) of SC & ST (PoA) Act and Section 9 of Prohibition of Child Marriage Act, should be admitted to bail under Section 483 BNSS.

Court's answer

The Court admitted the petitioner to bail without expressing any view on merits, having considered the rival submissions, the nature and gravity of the offences alleged vis-a-vis the accusations brought against him, his pre-trial detention since 14.08.2025 with the chargesheet meanwhile submitted, other circumstances on record including the statement of the victim, and the inherent right of the accused to be presumed innocent until proven guilty at trial.

Ratio / Principle

The bail application stands allowed; the petitioner is to go on bail on furnishing a bail bond of Rs.25,000/- with one solvent surety for the like amount, to the satisfaction of the court in seisin of the case, on terms and conditions deemed fit and proper by it.

Detailed headnote1 paragraphs

BAIL GRANTED — High Court of Orissa, Cuttack (G. Satapathy, J.), oral order dated 17.02.2026, Order No.03, in BLAPL No.10747 of 2025 (Kanhu Charan Parida v. State of Orissa and another). Application under Section 483 BNSS for bail in Nayagarh Sadar PS Case No.109 of 2019, corresponding to TR Case No.169 of 2024 (Special GR Case No.66 of 2019), pending before the Additional Sessions Judge-cum-Special Judge under POCSO Act, Nayagarh, for offences punishable under Sections 363/366/376(2)(n)/417 IPC r/w Section 6 of POCSO Act, Sections 3(1)(r)/3(1)(s)/3(2)(va) of SC & ST (PoA) Act and Section 9 of Prohibition of Child Marriage Act, on allegations of kidnapping the victim, committing rape and aggravated penetrative sexual assault upon her by marrying her taking advantage of her caste as a member of "SC". None appeared for the informant/victim despite due information. Admitting the petitioner to bail expressly "without expressing any view on merits", the Court weighed the nature and gravity of the alleged offences, pre-trial detention in custody since 14.08.2025 with the chargesheet meanwhile submitted, other circumstances on record including the statement of the victim, and the accused's inherent right to be presumed innocent until proven guilty at trial. Bail allowed on a bond of Rs.25,000/- (Rupees Twentyfive Thousand) with one solvent surety for the like amount, on terms fixed by the trial court.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.10747 of 2025

Kanhu Charan Parida

Petitioner

Mr. A. Tripathy, Advocate

-versus-

State of Orissa and another

… Opposite Parties Mr. M.R. Patra, Addl. PP CORAM: JUSTICE G. SATAPATHY

Order No. 03.

ORDER(ORAL) 17.02.2026

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

This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Nayagarh Sadar PS Case No.109 of 2019 corresponding to TR Case No.169 of 2024 (Special GR Case No.66 of 2019) pending in the file of learned Additional Sessions Judge-CumSpecial Judge under POCSO Act, Nayagarh, for commission of offences punishable U/Ss.363/366/376(2) (n)/417 of IPC r/w Section 6 of POCSO Act and Sections 3(1)(r)/3(1)(s)/3(2)(va) of SC & ST (PoA) Act and Section 9 of Prohibition of Child Marriage Act, on the main allegation of kidnapping the victim and committing rape and aggravated penetrative sexual assault upon her by marrying with her taking advantage of her caste as a member of “SC”.

Heard, Mr. Amitav Tripathy, learned counsel for the petitioner and Mr. M.R. Patra, learned Additional Public Prosecutor in the matter and perused the record.

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None appears for the informant/victim despite being duly informed as apprised by learned Addl. PP.

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 14.08.2025 with submission of chargesheet in the meantime and taking into account the 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 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 Twentyfive 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.

Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference.

Signature Not Verified

Digitally Signed Signed by: SUBHASMITA DAS Subhasmita Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 18-Feb-2026 14:02:53

(G. Satapathy) Judge

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