IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.10642 of 2025

Basanta Ketki … Petitioner

Mr. D.Dash, Advocate

-versus-

State of Orissa & another … Opposite Parties

Mr. R.B.Mishra, Addl. PP

CORAM:

JUSTICE G. SATAPATHY

ORDER(ORAL)

13.01.2026

Order No

03. 1. This matter is 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 Koksara PS Case No.194 of 2025 corresponding to CT Case No.204/60 of 2025 pending in the file of learned Addl. Sessions Judge-cum-Special Court under POCSO Act, Bhawanipatna, for commission of offences punishable U/Ss. 137(2)/115(2)/296/64(2)(m)/ 65(1)/70/351(2) of BNS read with Sec. 6 of POCSO Act, on the main allegation of kidnapping the victim and committing Gang Rape and aggravated penetrative

sexual assault upon her.

3. Heard, Mr. Debabrata Dash, learned counsel for the petitioner and Mr. R.B.Mishra, learned Additional Public Prosecutor in the matter and perused the record. None appears for the informant/victim despite being

duly intimated as apprised by learned Addl. PP.

3.1. In the course of hearing, Mr.Debabrata Dash, learned counsel for the petitioner submits that the victim has in fact fled away with the co-accused subsequently to the present occurrence and thereby, the victim being not trustworthy and the petitioner having falsely implicated in this case, he may kindly be granted bail. Further, Mr.Dash submits that immediately after the occurrence, the statement of the victim was recorded, but in such statement, the victim has not whispered the name of the present petitioner and, therefore, the petitioner being innocent person is entitled to bail.

4. On the other hand, Mr.R.B.Mishra, learned Addl. PP by inviting attention of the Court to the U/S.183 BNSS statement of the victim submits that not only the petitioner has committed the sexual act upon the victim, but also has committed the said act along with co-accused and thereby, the petitioner being prima facie found to have committed Gang Rape and aggravated penetrative sexual assault upon the victim, the bail application of the petitioner may kindly be rejected.

5. 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 allegation sought to be brought against him and regard being had to the materials collected in support of the allegation against the petitioner and taking into account the other circumstance on record in entirety including the statement of the victim U/S. 183 of BNSS and keeping in view the allegation against the petitioner for committing gang rape and penetrative sexual assault upon the victim and taking into account presumption available U/S. 29 of POSCO Act by keeping in view the provision of Sec.120 of the BSA, this Court is not inclined to grant bail to the petitioner.

6. Hence, the bail application of the petitioner stands rejected. It is needless to say that the petitioner may renew his prayer for bail after examination of the victim.

Accordingly, the BLAPL stands disposed of. A copy of this order be immediately communicated to the learned trial Court.

(G. Satapathy)

Judge kishore Signature Not Verified Digitally Signed Signed by: KISHORE KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 15-Jan-2026 10:00:09