Bharat Rao Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2026)

Bharat Rao Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2026)

What the court decided

AI extract

Outcome

Release on bail upon furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety for the like amount, to the satisfaction of the learned Court in seisin of the case, on such further terms and conditions as deemed fit and proper by that Court; urgent certified copy ordered and soft copy of the order to be communicated to the concerned Court/Jail.

Issue for consideration

Whether the petitioner (accused) should be granted bail in connection with Golamunda PS Case No.114 of 2025 / CT Case No.418/70 of 2025 for offences punishable under BNS Ss.137(2)/87/64(2)(m) read with Section 6 of the POCSO Act, being detained in custody since 03.09.2025.

Court's answer

Having considered the rival submissions, the nature and gravity of the offences alleged against the petitioner, the pre-trial detention in custody since 03.09.2025 with submission of the charge sheet, other circumstances on record in entirety including the statement of the victim, and the inherent right of the accused to be presumed innocent until proven guilty at the trial, this Court admits the petitioner to bail without expressing any view on merits.

Ratio / Principle

The bail application stands allowed and the petitioner is permitted to go on bail upon 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 that Court deems fit and proper; accordingly, the BLAPL stands disposed of.

Detailed headnote1 paragraphs

Bail application under S.483 BNSS (BLAPL No.477 of 2026, High Court of Orissa at Cuttack, J. G. Satapathy, order dated 06.04.2026) by Bharat Rao for release in Golamunda PS Case No.114 of 2025 corresponding to CT Case No.418/70 of 2025, pending before the learned Addl. Sessions Judge-cum-Special Judge (POCSO), Bhawanipatna, for offences punishable under BNS Ss.137(2)/87/64(2)(m) read with Section 6 of the POCSO Act, on the main allegation of kidnapping the victim and committing rape and aggravated penetrative sexual assault upon her. The petitioner had been in pre-trial detention since 03.09.2025 and the charge sheet had been submitted meanwhile; none appeared for the victim despite due intimation. Considering the gravity of the allegations, the period of detention, the charge-sheet stage, the victim's statement and the presumption of innocence, the Court admitted the petitioner to bail without expressing any view on merits, on bail bonds of Rs.25,000/- with one solvent surety for the like amount, on conditions to be fixed by the Court in seisin; the BLAPL was disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.477 of 2026

Bharat Rao

Petitioner

Mr. A. Panda, Advocate

-versus-

State of Odisha

… Opposite Party

Mr. M.R. Patra, Addl. PP

CORAM: JUSTICE G. SATAPATHY

Order No. ORDER(ORAL): 06.04.2026

02.

This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Golamunda PS Case No.114 of 2025 corresponding to CT Case No.418/70 of 2025 pending in the Court of learned Addl. Sessions Judge-cum-Special Judge (POCSO), Bhawanipatna for commission of offences punishable U/Ss. 137(2)/87/64(2)(m) of BNS 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. Ankann Panda, learned counsel for the petitioner appearing virtually 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 03.09.2025 with submission of charge sheet in the meantime and taking into account the other

Page 1 of 2

circumstances on record in entirety including the statement of the victim and keeping in view 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.

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. 5. 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: 07-Apr-2026 11:04:55

Page 2 of 2