Bibhu Harijan Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2026)

Bibhu Harijan Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2026)

What the court decided

AI extract

Outcome

Petitioner admitted to 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; urgent certified copy of the order to be issued as per Rules and soft copy communicated to the concerned Court/Jail.

Issue for consideration

Whether the petitioner (Bibhu Harijan), accused of offences punishable U/Ss.126(2)/351(3)/75(2)/65(1)/78/64(2)(m)/3(5) of the B.N.S and Sections 4(2)/6/12 of the POCSO Act on the main allegation of committing rape and aggravated penetrative sexual assault upon the victim, should be admitted to bail in Nabarangpur PS Case No.330 of 2025 / TR Case No.55 of 2025.

Court's answer

Having considered the rival submissions, the nature and gravity of the offences alleged against the petitioner vis-à-vis the accusation brought against him, his pre-trial detention in custody since 22.08.2025, the completed examination of the victim leaving little apprehension of tampering of prosecution evidence of material witnesses like the victim, other circumstances on record in entirety, and the inherent right of the accused-Petitioner to be presumed innocent until proven guilty at the trial, the Court admitted the petitioner to bail without expressing any view on merit.

Ratio / Principle

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.

Detailed headnote1 paragraphs

BLAPL No.2579 of 2026 (High Court of Orissa at Cuttack, Justice G. Satapathy, oral order dated 14.07.2026): Bail application U/S.483 BNSS by Bibhu Harijan allowed. Accused in Nabarangpur PS Case No.330 of 2025 / TR Case No.55 of 2025 pending before the Addl. Sessions Judge-cum-Special Court under POCSO Act, Nabarangpur, for offences punishable U/Ss.126(2)/351(3)/75(2)/65(1)/78/64(2)(m)/3(5) BNS and Sections 4(2)/6/12 POCSO Act on the main allegation of rape and aggravated penetrative sexual assault upon the victim. In custody since 22.08.2025 with the victim already examined, little apprehension of tampering of prosecution evidence, and no objection from the informant's counsel, the Court admitted him to bail without expressing any view on merit, on a bail bond of Rs.50,000/- with one solvent surety for the like amount.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2579 of 2026

Bibhu Harijan …

Petitioner

Mr. A.K. Sahu, Advocate

-versus-

State of Odisha

… Opposite Party Mr. S.C. Pradhan, Addl. PP Mr. R.K. Das, Advocate(Informant)

CORAM: JUSTICE G. SATAPATHY

Order No.

03.

ORDER(ORAL): 14.07.2026

This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Nabarangpur PS Case No.330 of 2025 corresponding to TR Case No.55 of 2025 pending in the file of learned Addl. Sessions Judge-cumSpecial Court under POCSO Act, Nabarangpur for commission of offences punishable U/Ss. 126(2)/ 351(3)/ 75(2)/ 65(1)/ 78/ 64(2)(m)/3(5) of the B.N.S and Sections 4(2)/6/12 of the POCSO Act, on the main allegation of committing rape and aggravated penetrative sexual assault upon the victim.

Heard, Mr. Biraja Prasad Nanda, learned counsel for the petitioner; Mr. S.C. Pradhan, learned Additional Public Prosecutor and Mr. Rakesh Kumar Das, learned counsel for the informant in the matter and perused the record. At the outset, Mr. Rakesh Kumar Das, learned counsel for the informant does not raise any objection to the prayer of the Petitioner.

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 accusation sought to be brought against him and regard being had to the pre trial detention of the Petitioner in custody since

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22.08.2025 with examination of the victim in the meantime and thereby, there being little apprehension of tampering of prosecution evidence of material witnesses like the victim and taking into account the other circumstances on record in entirety including the inherent right of the accused-Petitioner to be presumed innocent until proven guilty at the trial, this Court without expressing any view on merit 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: 14-Jul-2026 21:17:46

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