Bharat Chandra Thatt @ Chandan Vs State of Orissa — Child Sexual Offences (POCSO) | Orissa HC (2026)

Bharat Chandra Thatt @ Chandan Vs State of Orissa — Child Sexual Offences (POCSO) | Orissa HC (2026)

What the court decided

AI extract

Outcome

Bail granted to the petitioner on furnishing bail bond of Rs.50,000/- with one solvent surety for the like amount, to the satisfaction of the Court in seisin, on such terms and conditions as deemed fit and proper; BLAPL disposed of with direction for urgent certified copy and communication of soft copy to the concerned Court/Jail.

Issue for consideration

Whether the petitioner, accused of offences punishable under Sections 64(1), 64(2)(m), 65(1), 296, 351(3) and 3(5) of the BNS in Special Case No.41 of 2026 arising out of Talsari Marine PS Case No.22 of 2026, should be admitted to bail.

Court's answer

Taking into account the nature and gravity of the offences alleged, the petitioner's pre-trial detention since 03.02.2026 with submission of charge sheet, the victim's statement not alleging any sexual assault by the petitioner, and the accused's inherent right to be presumed innocent until proven guilty, the Court admitted the petitioner to bail without expressing any view on merits.

Ratio / Principle

The petitioner was ordered released on bail on furnishing bail bonds of Rs.50,000/- 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.

Detailed headnote1 paragraphs

Bail application under S.483 BNSS by Bharat Chandra Thatt @_ Chandan, accused in Talsari Marine PS Case No.22 of 2026 corresponding to Special Case No.41 of 2026 pending before the learned ADJ-cum-Special Court under POCSO Act, Balasore, for offences punishable under Ss.64(1), 64(2)(m), 65(1), 296, 351(3) and 3(5) of the BNS, on the main allegation of committing rape upon the victim by threatening her. Considering the nature and gravity of the offences vis-a-vis the accusations, his pre-trial detention since 03.02.2026 with submission of charge sheet, and the victim's statement in which she did not allege any sexual assault by the petitioner, and keeping in view the presumption of innocence, the High Court (G. Satapathy, J.) admitted the petitioner to bail without expressing any view on merits, on a bail bond of Rs.50,000/- with one solvent surety for the like amount, to the satisfaction of the Court in seisin. BLAPL disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1991 of 2026

Bharat Chandra Thatt @ … Petitioner Chandan

Mr. A.K. Behera, Advocate

-versus-

State of Odisha and another … Opposite Parties

Mr. C. Mahanty, Addl. PP

CORAM: JUSTICE G. SATAPATHY

Order No.

03.

ORDER(ORAL) 01.07.2026

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 Talsari Marine PS Case No.22 of 2026 corresponding to Special Case No.41 of 2026 pending in the file of learned ADJcum-Spl. Court under POCSO Act, Balasore for commission of offences punishable U/Ss.64(1)/ 64(2)(m)/ 65(1)/296/351(3)/3(5) of the BNS, on the main allegation of committing rape upon the victim by threatening her.

Heard, Mr. Arun Kumar Behera, learned counsel for the petitioner appearing virtually and Mr. C. Mahanty, learned Additional Public Prosecutor in the matter and perused the record.

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

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being had to the pre trial detention of the petitioner in custody since 03.02.2026 with submission of charge sheet and taking into account the other circumstances on record in entirety including the statement of the victim in which she has not alleged against the Petitioner for committing any sexual assault on her and keeping in view the inherent right of the accused-Petitioner 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.50,000/- (Rupees Fifty 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.

(G. Satapathy) Judge

Priyajit Signature Not Verified

Digitally Signed Signed by: PRIYAJIT SAHOO Reason: Authentication Location: HIGH COURT OF ORI SSA Date: 01-Jul-2026 18:52:03

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