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Judgment
G. Satapathy, J.
Since these two bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties.
These are the bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Komna PS Case No.378 of 2025 corresponding to SA Case No.01 of 2026 pending in the file of learned Additional District & Sessions Judge-Cum-Special Judge, Nuapada, for commission of offences punishable U/Ss.137(2)/65(1) of BNS r/w Section 6 of POCSO Act.
The allegation against the petitioners is that the petitioners-Kartik Rout @ Kartika Rout @ Drumsen Rout and Omkar @ Bunty Tandi had taken away the victim, but the petitioner-Omkar @ Bunty Tandi had committed rape and aggravated penetrative sexual assault upon the victim.
Heard, Mr. Bikash Chandra Parija, learned counsel for the petitioner in BLAPL No.5659 of 2026; Mr. Gokulananda Sahu, learned counsel for the petitioner in BLAPL No.3086 of 2026 and Mr. C. Mohanty, learned Addl. 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.
After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioners vis-‡-vis the accusations sought to be brought against them and regard being had to the pre-trial detention of the petitioners in custody since 05.01.2026 & 30.01.2026 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-petitioners to be presumed innocent until proven guilty at the trial and no material being collected to suggest that the petitioners would abscond or pose threat to the witnesses, if released on bail, this Court without expressing any view on merits admits each of the petitioners to bail.
Hence, these two bail applications of the petitioners namely Kartik Rout @ Kartika Rout @ Drumsen Rout (In BLAPL No.5659 of 2026) and Omkar @ Bunty Tandi (In BLAPL No.3086 of 2026) are allowed and each of the petitioners is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties each 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 petitioners shall not contact the victim in any way or in any manner and they shall not visit to the house or place of residence of the victim till disposal of the case &
the petitioners shall not threaten, induce, influence or coerce any of the witnesses including the family members of the victim acquainted with the facts of the case so as to dissuade them from disclosing such facts before the Court.
Accordingly, both the BLAPLs stand disposed of. 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.