Biranchi Beriha v. State of Odisha & Anr.

Opposite Parties Mr. M.R. Patra, Addl. PP Order No. 03. CORAM: JUSTICE G. SATAPATHY ORDER(ORAL): 27.04.2026

#1. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Subalaya PS Case No.129 of 2025 corresponding to Special GR Case No.22 of 2025(POCSO) pending in the Court of learned Additional Sessions-cum-Special Judge, Sonepur for commission of offences punishable U/Ss. 81/64(2)(m)/318(2)/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 by deceiving her.

#2. Heard, Mr. Soubhagya Sundar Das, learned counsel for the petitioner 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.

#3. 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 01.09.2025 with submission of charge sheet in the meantime and taking into account the other circumstances on record in entirety including statement of the victim and keeping in view the inherent right of the accused to be presumed innocent until proven guilty at the trial and last but not the least, taking into account the age of the Petitioner to be 23 years, this Court without expressing any view on merits admits the Petitioner to bail, but subject to certain conditions.

#4. 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 with following conditions:- the petitioner shall not (i) the petitioner shall not contact the victim or visit her house or village and (ii) induce/ influence/coerce any of the witnesses including the victim and her family members acquainted with the facts of the case so as to dissuade them from disclosing such facts before the Court. threaten/

#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