Orissa High Court
BLAPL/5834/2026 of SUNIL JENA Vs STATE OF ODISHA on 7 September 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 5834 of 2026 CNR No. ODHC010363722026 Sunil Jena … Petitioner Mr. S.N. Mishra-4, Advocate -versus- State of Odisha … Opposite Party Mr. T.K. Acharya, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL): 07.09.2026 02. 1.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 5834 of 2026
CNR No. ODHC010363722026
Sunil Jena
…
Petitioner
Mr. S.N. Mishra-4, Advocate
-versus-
State of Odisha
…
Opposite Party
Mr. T.K. Acharya, Addl. PP
CORAM: JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL): 07.09.2026
02.
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1. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Bhadrak Town PS Case No.152 of 2026 corresponding to Special (POCSO) Case No.35 of 2026 pending in the file of learned Addl. District Judge-cum-Spl. Court under POCSO Act, Bhadrak for commission of offences punishable U/Ss. 137(2)/ 65(1) of BNS r/w Section 6 of POCSO Act, on the main allegation of kidnaping the victim and committing rape and aggravated penetrative sexual assault upon her.
2. Heard, Mr. Satya Narayan Mishra-4, learned counsel for the Petitioner and Mr. T.K. Acharya, 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.
3. 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 accusation sought to be brought against him and regard being had to the pre trial detention of the Petitioner in custody since 04.03.2026 with submission of charge sheet in the meantime and taking into account the other circumstances on record in entirety including the statement of the victim and the inherent right of the accused-Petitioner to be presumed innocent until proven guilty at the trial and no materials being placed on record to suggest that the Petitioner would either abscond or pose threat to the witnesses, if released on bail, this Court without expressing any view on merit 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 except cash surety as deem fit and proper by it with following conditions:-
(i) the petitioner shall not contact the victim or visit her house or place of residence and
(ii) the petitioner shall not threaten/ influence/ induce/ coerce any of the witnesses including the victim and her family members acquainted with the facts of the case so as to dissuade them disclosing such facts before the Court.
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 Digitally Signed Signed by: PRIYAJIT SAHOO Designation: Sr. Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 07-Sep-2026 18:43:57 Signature Not Verified