Asutosh Nayak Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2026)

Asutosh Nayak Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2026)

What the court decided

AI extract

Outcome

Release on bail on furnishing bail bonds of Rs.25,000/- with two solvent sureties each for the like amount, subject to conditions (i) not to contact the victim or visit her house or village and (ii) not to threaten/induce/influence/coerce witnesses including the victim and her family members; liberty reserved to the victim and the State to seek cancellation of bail.

Issue for consideration

Whether the petitioner, an accused in Special GR Case No. 199 of 2025 (Cuttack Sadar PS Case No. 906 of 2025) for offences under Sections 137(2)/64(2)(m)/351(2) BNS r/w Section 6 POCSO Act, should be granted bail under Section 483 BNSS.

Court's answer

Considering the nature and gravity of the allegations, the petitioner's pre-trial detention since 26.11.2025, submission of the charge sheet, the circumstances on record including the victim's statement, and the accused's inherent right to be presumed innocent until proven guilty at trial, the Court admitted the petitioner to bail without expressing any view on merits, subject to certain conditions.

Ratio / Principle

The bail application stands allowed; the petitioner is to be released on furnishing bail bonds of Rs.25,000/- with two solvent sureties each for the like amount, to the satisfaction of the court in seisin, on such terms and conditions as it deems fit.

Key takeaways

Condition imposed: the petitioner shall not contact the victim or visit her house or village.ratio¶14
Condition imposed: the petitioner shall not threaten, induce, influence or coerce any of the witnesses, including the victim and her family members acquainted with the facts of the case, so as to dissuade them from disclosing such facts before the Court.ratio¶15
Liberty is reserved to the victim and the State to file an appropriate application for cancellation of bail if any condition is violated or a case for cancellation otherwise arises; in such event the learned trial Court may pass appropriate order in accordance with law without further reference to this Court.

Detailed headnote1 paragraphs

Bail granted (oral order dated 02.02.2026) by the High Court of Orissa at Cuttack (G. Satapathy, J.) under Section 483 BNSS to Asutosh Nayak, accused in Special GR Case No. 199 of 2025 arising out of Cuttack Sadar PS Case No. 906 of 2025, pending before the Addl. District and Sessions Judge-cum-Special Court (POCSO) Act, Cuttack, for offences punishable under Sections 137(2)/64(2)(m)/351(2) of BNS r/w Section 6 of POCSO Act (alleged kidnapping, rape and aggravated penetrative sexual assault on the victim). The petitioner was in custody since 26.11.2025 and the charge sheet had been submitted. Without expressing any view on merits, the Court admitted him to bail on furnishing bail bonds of Rs.25,000/- with two solvent sureties of the like amount, subject to conditions that he shall not contact the victim or visit her house or village, and shall not threaten, induce, influence or coerce witnesses including the victim and her family. Liberty was reserved to the victim and the State to apply for cancellation of bail, with the trial Court empowered to pass appropriate orders without further reference to this Court.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 13616 of 2025

Asutosh Nayak … Petitioner Mr. L. Mahapatra, Advocate

-versus-

State of Odisha

… Opposite Party Mr. T.K. Acharya, Addl. PP

Order No.

02.

JUSTICE G. SATAPATHY ORDER(ORAL) 02.02.2026

This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with Special GR Case No. 199 of 2025 arising out of Cuttack Sadar PS Case No. 906 of 2025 pending in the file of learned Addl. District and Sessions Judge-cum-Special Court(POCSO) Act, Cuttack for commission of offences punishable U/Ss.137(2)/64(2)(m)/351(2) of BNS r/w Section 6 of POCSO Act, on the main allegation of kidnapping the victim and committing rape and aggravated penetrative sexual assault upon her. 2. Heard, Mr. Laxmidhar Mahapatra learned counsel for the Petitioner and Mr. T.K. Acharya, learned Addl. Public Prosecutor in the matter and perused the record, but none appears for the victim despite being duly intimated as informed by learned Addl. PP.

After having considered the rival submissions and taking into consideration the nature and gravity of the offence as alleged against the petitioner vis-a-vis the accusations sought to be brought against him and regard being had to the pre-trial detention of the petitioner in custody since 26.11.2025 with submission

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of charge sheet 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, but subject to certain conditions.

Hence, the bail application of the Petitioner stands allowed and he is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) only with two solvent sureties each 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 with following conditions:-

(i) the petitioner shall not contact the victim or visit her house or village and

(ii) the petitioner shall not threaten/ induce/influence/coerce any of the witnesses including the victim and her family members acquainted with the facts of the case so as to dissuade them from disclosing such facts before the Court.

This Court, however, reserves the liberty to the victim and the State to file appropriate application for cancellation of bail, if any of the conditions are violated or a case for cancellation of bail is otherwise made out. It is made clear that in such event for being approached for cancellation of bail, the learned trial Court would be at liberty to pass appropriate order in accordance with law without further reference to this Court.

Signature Not Verified

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

Digitally Signed Signed by: PRIYAJIT SAHOO Reason: Authentication Location: HIGH COURT OF ORI SSA Date: 03-Feb-2026 11:39:03

(G. Satapathy) Judge

Priyajit

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