Sunil Bais Vs State of Odisha

Since these two bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties.

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These are the bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Malkangiri PS Case No.363 of 2025 corresponding to GR (Special) Case No.48 of 2025 pending in the file of learned Additional Sessions Judge-cum-Special Judge, Malkangiri, being charge sheeted for commission of offences punishable U/Ss.137(2)/ 64(2)(m)/ 65(1)/70 of BNS r/w Sections 4/6 of POCSO Act, on the main allegation of kidnapping the victim and committing Gang Rape and aggravated penetrative sexual assault upon her.

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Heard, Mr. Asit Kumar Jena, learned counsel for the respective petitioners 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.

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After having considered the rival submissions upon perusal of record, it appears that the name of the petitioners does not figure out in the FIR, but the petitioners having been

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put to TI parade have wrongly been identified by the victim. The petitioners are in custody since 26.07.2025 and 22.07.2025 with submission of charge-sheet in the meantime. In the aforesaid facts and circumstance and taking into account the materials so placed on record keeping in view the failure of the victim to identify the petitioners in the TI parade 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 each of the petitioners to bail.

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Hence, these two bail applications of the petitioners namely Sunil Bais (In BLAPL No.959 of 2026) and Shivam Singh Gond (In BLAPL No.960 of 2026) are allowed and each of the petitioners is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties each 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 condition:-

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(i) the petitioners in the course of trial shall attend the trial Court on each date of posting without fail unless their attendance is dispensed with. In case the Petitioners fail without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioners for offence U/S.269 of BNS, 2023 in accordance with law.

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Accordingly, these BLAPLs stand 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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Signature Not Verified

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Digitally SignedSigned by: SUBHASMITA DAS (G. Satapathy) Designation: Sr. Stenographer Reason: Authentication Judge Location: High Court of Orissa Subhasmita Date: 16-Apr-2026 12:23:44

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Sunil Bais v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sunil Bais v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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