Orissa High Court
ABLAPL/7750/2026 of PAPU SAHU Vs STATE OF ODISHA on 19 August 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 7750 of 2026 CNR No. ODHC010468982026 1. Papu Sahu 2. Tophan Kumar Chand …. Petitioners Mr. S.K. Palai, Advocate -versus- State of Odisha …. Opposite Party Mr. S. Panigrahi, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 7750 of 2026
CNR No. ODHC010468982026
1. Papu Sahu
2. Tophan Kumar Chand
….
Petitioners
Mr. S.K. Palai, Advocate
-versus-
State of Odisha
….
Opposite Party
Mr. S. Panigrahi, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
19.08.2026
02. 1. Heard learned counsel for the Petitioners and learned counsel for the State.
2. The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.102 of 2026 pending on the file of learned Special Judge, POCSO, Berhampur, Ganjam, arising out of Rambha P.S. Case No.337 of for commission of offences punishable under Sections 126(2)/ 78/ 79/ 296/ 351(2)/ 3(5) of BNS, 2023 read with Section 66(C) of I.T. Act and Section 12 of POCSO Act.
3. It is submitted by the learned counsel for the Petitioners that even if the entire allegations are accepted at its face value, custodial interrogation of the Petitioners is not warranted.
4. Such submission is refuted by the learned counsel for the State referring to the statement of the victim recorded under Section 183 of BNSS.
5. Perused the same as well as the independent statement of the villagers which indicate the manner in which the minor was treated.
6. Considering the tenor thereof, this Court is not inclined to entertain this application of the Petitioners for pre-arrest bail. However, in the event the Petitioners surrender before the learned Court in seisin in the aforesaid case and move application for their release on bail, the same shall be considered on its own merit and the learned Court in seisin is requested to make an endeavor to dispose of such application on the same day. The Prosecution shall produce the Case Diary.
7. The ABLAPL is accordingly disposed of.
(V. NARASINGH)
Judge
Ayesha
Digitally Signed Signed by: AYESHA ROUT Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 20-Aug-2026 17:46:04 Signature Not Verified