Bapu @ Susanta Sing Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2026)

Bapu @ Susanta Sing Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2026)

What the court decided

AI extract

Outcome

Bail application allowed; petitioner released on bail on furnishing bail bonds of Rs.25,000/- 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 to be issued as per Rules.

Issue for consideration

Whether the petitioner, charged under Ss.137(2)/87/64 BNS r/w Sec.6 of POCSO Act in Balaramgadi Marine PS Case No.40 of 2025 / SC Case No.260 of 2025, is entitled to be released on bail under S.483 BNSS.

Court's answer

After considering the nature and gravity of the alleged offences, the petitioner's pre-trial detention since 26.08.2025, submission of the charge-sheet, and the victim's statement not implicating the petitioner for any sexual offence, and keeping in view the presumption of innocence until proven guilty at trial, the Court admitted the petitioner to bail without expressing any view on merits.

Ratio / Principle

The petitioner is to be released 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 deemed fit and proper by that Court.

Detailed headnote1 paragraphs

Bail under S.483 BNSS - Accused booked under Ss.137(2)/87/64 of BNS r/w Sec.6 of POCSO Act (alleged kidnapping, rape and penetrative sexual assault) in Balaramgadi Marine PS Case No.40 of 2025 corresponding to SC Case No.260 of 2025, pending before the learned ADJ-cum-Special Court under POCSO Act, Balasore - Petitioner in pre-trial custody since 26.08.2025 with charge-sheet submitted - Victim's statement did not implicate the petitioner for any sexual offence - Court, without expressing any view on merits and keeping in view the inherent right of the accused to be presumed innocent until proven guilty at trial, admitted the petitioner to bail - Bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) only with one solvent surety for the like amount, to the satisfaction of the Court in seisin, on terms deemed fit by it - BLAPL disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.10815 of 2025

Bapu @ Susanta Sing

Petitioner

Mr. R. Panda, Advocate

-versus-

State of Orissa & Another

… Opposite Parties Mr. P. Satpathy, Addl. PP None (informant)

CORAM: JUSTICE G. SATAPATHY

Order No.

02.

ORDER(ORAL) 07.01.2026

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

This is the bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Balaramgadi Marine PS Case No.40 of 2025 corresponding to SC Case No.260 of 2025 pending in the file of learned ADJ-CumSpecial Court under POCSO Act, Balasore for commission of offences punishable U/Ss.137(2)/87/64 of BNS r/w Sec.6 of POCSO Act, on the main allegation of kidnapping the victim and committing rape and penetrative sexual assault upon her.

Heard, Mr. R. Panda, learned counsel for the petitioner and Mr. P. Satpathy, learned Additional Public Prosecutor in the present matter and perused the record. None appears for the victim/informant despite having entered appearance through learned counsels.

After having considered the rival submissions and taking into consideration the nature and gravity of the

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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 26.08.2025 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 in which she has not implicated the petitioner for any sexual offence 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 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 .

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

(G. Satapathy) Judge

Jayakrushna

Signature Not Verified

Digitally Signed Signed by: JAYAKRUSHNA DASH Reason: Authentication Location: High Court of Orissa, C utta ck Date: 08-Jan-2026 11:30:38

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