Judhistir Majhi @ Jusesti Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2026)

Judhistir Majhi @ Jusesti Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2026)

What the court decided

AI extract

Outcome

Petitioner admitted to bail on bond of Rs.25,000/- with one solvent surety for the like amount, subject to conditions barring contact with the victim or visits to her house/village and any threatening, inducing, influencing or coercing of witnesses including the victim and her family; urgent certified copy ordered and soft copy of the order to be communicated to the concerned Court and Jail.

Issue for consideration

Whether the petitioner, charged in Kalampur PS Case No.69 of 2024 / CT Case No.216/56 of 2024 (POCSO) for offences punishable U/Ss. 363/366/376(2)(n) of IPC r/w Section 6 of the POCSO Act and in custody since 30.03.2024, should be admitted to bail under S.483 BNSS.

Court's answer

The Court admitted the petitioner to bail without expressing any view on merits, having regard to the nature and gravity of the offence alleged vis-a-vis the accusations sought to be brought against him, his pre-trial detention since 30.03.2024, examination of the victim in the trial (leaving little apprehension of tampering of prosecution evidence of this material witness), the other circumstances on record in entirety, and the inherent right of the accused to be presumed innocent until proven guilty at the trial.

Ratio / Principle

Bail was allowed 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 it deems fit and proper.

Key takeaways

Bail made subject to 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.ratio¶¶17

Detailed headnote1 paragraphs

BAIL — GRANTED (S.483 BNSS). High Court of Orissa at Cuttack, BLAPL No.20 of 2026, Justice G. Satapathy (oral order), 16.03.2026: Judhistir Majhi @ Jusesti, in custody since 30.03.2024 in Kalampur PS Case No.69 of 2024 / CT Case No.216/56 of 2024 (POCSO) before the learned Addl. Sessions Judge-cum-Special Court under POCSO Act, Bhawanipatna, for offences punishable U/Ss. 363/366/376(2)(n) of IPC r/w Section 6 of the POCSO Act (alleged kidnapping of the victim, rape and aggravated penetrative sexual assault), admitted to bail without expressing any view on merits — the victim having already been examined in the trial, there was little apprehension of tampering of prosecution evidence, and the accused's inherent right to be presumed innocent until proven guilty at the trial was taken into account. Bail allowed on bond of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety for the like amount, conditioned on (i) no contact with the victim or visit to her house or village, and (ii) no threatening/inducing/influencing/coercing of witnesses including the victim and her family members so as to dissuade them from disclosing facts before the Court. None appeared for the victim despite due intimation. BLAPL stands disposed of; urgent certified copy ordered.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.20 of 2026

Judhistir Majhi @ Jusesti … Petitioner Mr. S. Mishra, Advocate

-versus-

State of Odisha and another …

Opposite Parties

Mr. M.R. Patra, Addl. PP

CORAM: JUSTICE G. SATAPATHY ORDER(ORAL): 16.03.2026

Order No.

02.

This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Kalampur PS Case No.69 of 2024 corresponding to CT Case No.216/56 of 2024 (POCSO) pending in the Court of learned Addl. Sessions Judge-cum-Special Court under POCSO Act, Bhawanipatna for commission of offences punishable U/Ss. 363/366/376(2)(n) of IPC r/w Section 6 of the POCSO Act, on the main allegation of kidnapping the victim and committing rape and aggravated penetrative sexual assault upon her.

Heard, Mr. Satyanarayan Mishra, learned counsel for the petitioner and Mr. M.R. Patra, learned Addl. PP in the matter and perused the record, but none appears for the victim despite being duly intimated as apprised 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 30.03.2024 with examination of the victim in

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the trial and thereby, there being little apprehension of tampering of prosecution evidence of material witness like the victim and taking into account the other circumstances on record in entirety including 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 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 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.

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: PRIYAJIT SAHOO Reason: Authentication Location: HIGH COURT OF ORI SSA Date: 17-Mar-2026 11:34:12 Priyajit

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