David @ Rajesh Anthony v. State of Odisha & Anr.

Mr. M.R. Patra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. 02. ORDER(ORAL) 01.07.2026

#1. This matter taken up through Hybrid Arrangement (Virtual/Physical Mode).

#2. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Rourkela Plantsite PS Case No.507 of 2025 corresponding to GR Case No.75 of 2025 pending in the file of learned Adhoc Addl. District and Sessions Judge(FTSC) (POCSO), Rourkela for commission of offences punishable U/Ss.87/ 127(4)/64(2)(m)/351(3)/3(5) of the 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.

#3. Heard, Mr. Soumya Ranjan Das, learned counsel for the petitioner and Mr. M.R. Patra, learned Additional Public Prosecutor in the matter and perused the record, but none appears for the victim despite being duly informed as apprised by learned Addl. PP.

#4. 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 07.07.2025 with submission of charge sheet and taking into account the other circumstances on record in entirety including the statement of the victim and 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.

#5. 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 with following condition:- (i) the petitioner shall not leave the territorial jurisdiction of the trial Court without prior permission till disposal of the case by intimating his present address of stay to the concerned Court.

#6. 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) Priyajit Judge