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

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

What the court decided

AI extract

Outcome

Petitioner released on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twentyfive Thousand) only with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case, on terms and conditions deemed fit and proper by it, subject to conditions (i) no contact with the victim and no visit to her house or village till disposal of the case, and (ii) no threatening, inducing, influencing or coercing of witnesses including the victim's family members; soft copy of the order to be communicated to the concerned Court and Jail.

Issue for consideration

Whether the petitioner, accused of offences punishable under Ss.126(2), 64(2)(m) and 351(2) of BNS r/w Section 6 of POCSO Act (main allegation: rape and aggravated penetrative sexual assault upon the victim) and in custody since 19.01.2025, should be admitted to bail in Loisingha PS Case No.15 of 2025 / Spl. GR Case No.03 of 2025.

Court's answer

Taking into consideration the nature and gravity of the offences alleged against the petitioner vis-à-vis the accusations sought to be brought against him, his pre-trial detention in custody since 19.01.2025, the examination of the victim in the meantime (leaving little apprehension of tampering with the evidence of a material witness like the victim), the other circumstances on record in entirety, and the inherent right of the accused-petitioner to be presumed innocent until proven guilty at the trial, this Court admitted the petitioner to bail without expressing any view on merits.

Ratio / Principle

Condition (i) of bail: the petitioner shall not contact the victim in any way or in any manner and shall not visit the house or village of the victim till disposal of the case.

Key takeaways

Condition (ii) of bail: the petitioner shall not threaten, induce, influence or coerce any of the witnesses, including the family members of the victim acquainted with the facts of the case, so as to dissuade them from disclosing such facts before the Court.ratio¶16

Detailed headnote1 paragraphs

Bail granted (oral order dated 23.07.2026) by the High Court of Orissa at Cuttack (Justice G. Satapathy) under S.483 BNSS in BLAPL No.2606 of 2026 (Pinku Majhi v. State of Odisha and another) to the petitioner detained since 19.01.2025 for offences punishable under Ss.126(2), 64(2)(m) and 351(2) of BNS r/w Section 6 of POCSO Act, on the main allegation of committing rape and aggravated penetrative sexual assault upon the victim, in Loisingha PS Case No.15 of 2025 corresponding to Spl. GR Case No.03 of 2025 pending before the learned ADJ-Cum-Special Court under POCSO Act, Balangir. With the victim already examined, there was little apprehension of tampering with the evidence of this material witness; weighing the gravity of the alleged offences against the period of pre-trial custody, the circumstances on record 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, on a bail bond of Rs.25,000/- (Rupees Twentyfive Thousand) with one solvent surety for the like amount, imposing the conditions that he shall neither contact the victim nor visit her house or village till disposal of the case, and shall neither threaten, induce, influence nor coerce any witnesses, including the victim's family members, so as to dissuade them from disclosing facts before the Court.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2606 of 2026

Pinku Majhi

… Petitioner Mr. P.R. Patnaik, Advocate

-versus-

State of Odisha and another … Opposite Parties

Order No.

04.

Mr. C. Mohanty, Addl. PP CORAM: JUSTICE G. SATAPATHY ORDER(ORAL):23.07.2026

This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Loisingha PS Case No.15 of 2025 corresponding to Spl. GR Case No.03 of 2025 pending in the file of learned ADJ-Cum-Special Court under POCSO Act, Balangir, for commission of offences punishable U/Ss.126(2)/64(2) (m)/351(2) of BNS r/w Section 6 of POCSO Act, on the main allegation of committing rape and aggravated penetrative sexual assault upon the victim.

Heard, Mr. Pratyush Ranjan Patnaik, learned counsel for the petitioner and Mr. C. Mohanty, learned Additional Public Prosecutor in the matter and perused the record including the copy of deposition of the victim. 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 offences as alleged against the petitioner vis-à-vis the accusations sought to be brought against him and regard being had to the pre-trial detention of the petitioner in custody since 19.01.2025 with examination of the victim

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in the meantime and, thereby, there being little apprehension of tampering of evidence of material witness like the victim and keeping in view 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 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.25,000/- (Rupees Twentyfive 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 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 &

(ii) the petitioner shall not threaten, induce, influence or coerce any of the witnesses including the family members of the victim 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. 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: 23-Jul-2026 22:00:19

(G. Satapathy) Judge

Subhasmita

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