Orissa High Court
BLAPL/2773/2026 of RIYAZ KHAN Vs STATE OF ODISHA on 2 September 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2773 of 2026 CNR No. ODHC010203022026 Riyaz Khan … Petitioner Mr. S.N. Mishra-4, Advocate -versus- State of Orissa … Opposite Party Mr. C. Mohanty, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL)02.09.2026 06. 1. This
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.2773 of 2026
CNR No. ODHC010203022026
Riyaz Khan
…
Petitioner
Mr. S.N. Mishra-4, Advocate
-versus-
State of Orissa
…
Opposite Party
Mr. C. Mohanty, Addl. PP
CORAM: JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL)02.09.2026
06.
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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 Dhamnagar PS Case No.468 of 2025 corresponding to Spl. POCSO Case No.164 of 2026 pending in the file of learned ADJ-Cum- SPL. Court under POCSO Act, Bhadrak for commission of offences punishable U/Ss.137(2)/ 65(1) 64(2)(m)/ 296/ 351(2) of BNS r/w Sec.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. Satya Narayan Mishra-4, learned counsel for the petitioner and Mr. C. Mohanty, learned Addl. PP in the matter and perused the record. None appears for the victim at the time of hearing despite being duly represented by Amicus Curiae
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 accusation sought to be brought against him and regard being had to the pre-trial detention of the petitioner in custody since 11.12.2025 with submission of charge-sheet in the meantime 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 and the statement of the victim and lastly, no materials being placed on record to suggest that the petitioner would abscond or pose threat to the witnesses, if released on bail, this Court without expressing any view on merit 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.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.
7. 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 Jayakrushna Digitally Signed Signed by: JAYAKRUSHNA DASH Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 02-Sep-2026 20:04:51 Signature Not Verified