Akshya Mahananda @ Akshaya Mahananda Vs State of Odisha

This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Bheden PS Case No.220 of 2024 corresponding to CT Case No.56 of 2024 pending in the file of learned Additional District Judge-Cum-Special Court under POCSO Act, Bargarh, for commission of offences punishable U/Ss.137(2)/87/64(2)(n)/65(1) 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.

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Heard, Mr. Arjuna Charan Behera, learned counsel for the petitioner and Mr. C. Mohanty, learned Additional Public Prosecutor in the matter and perused the record. None appears for the victim despite being duly intimated as apprised by learned Addl. PP. 4. Admittedly, the petitioner is in custody since 28.11.2024, but in the meantime, trial has commenced

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with examination of 12 witnesses, but the victim is yet to be examined. In response to a query of this Court, the learned trial Court has reported that despite summons being served on the brother of the victim, she is not turning up to depose her evidence and the Special PP has been instructed to produce the victim, however, the victim has already been informed about the pendency of the bail application as apprised by learned Addl. PP, but she has not preferred to appear either in person or through any counsel in the present bail proceeding. In such view of the matter and taking into account the pre-trial detention of the petitioner in custody and lastly, 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.

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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:-

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(i) the petitioner shall not contact the victim in any way or in any manner and he shall not visit to the house or village of the victim till disposal of the case,

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(ii) the petitioner shall not threaten, induce, influence or coerce any of the witnesses including the family members of the victim

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acquainted with the facts of the case so as to dissuade them from disclosing such facts before the Court, &

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(iii) the petitioner shall not follow the victim or loiter in or around her at any place in any manner.

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Accordingly, the BLAPL stands disposed of. 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.

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(G. Satapathy) Judge

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Subhasmita

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Signature Not Verified

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Digitally Signed Signed by: PRIYAJIT SAHOO Reason: Authentication Location: HIGH COURT OF ORI SSA Date: 23-Jul-2026 22:00:19

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Akshya Mahananda @ Akshaya Mahananda v. State of Odisha

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Akshya Mahananda @ Akshaya Mahananda v. State of Odisha

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