Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.958 of 2025
Ribium Lima …. Petitioner Dr. S. Ranjit, Advocate
-Versus-
State of Odisha …. Opposite Party Mr. P.K. Ray, AGA
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 12.03.2025
02. 1. Heard learned counsel for the petitioner and learned AGA for the State. 2. No one appears for the informant at the time of call. The Court had directed service of notice on informant by order dated 12th February, 2025. Today, Mr. Ray, learned AGA submits that he has no instructions, whether, such notice was served in the meantime. However, considering the delay and nature of allegations made to reveal from the F.I.R. and submission of learned counsel for the petitioner, the Court is inclined to proceed and to dispose of the petition by the following order. 3. Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with G.R. Case No.05 of 2019 corresponding to Mohana P.S. Case No.68 of 2019 pending in the file of learned Additional Sessions Judge-cum-Special Judge, (POCSO Act), Paralakhemundi, Gajapati on the grounds stated therein. 4. Perused the F.I.R. and the rejection order as at Annexures-1 and 2 respectively. Page 2 of 3
5. Gone through the contents of the F.I.R, as at Annexure-1 and the circumstances leading to lodging of the same. In fact, the allegation against the petitioner is that there was a promise of marriage to the victim, who by then aged about 16 years and with such promise, he had sexual relationship with her and ultimately, when the marriage did not materialize, the complaint was lodged. The report is of the year, 2019 and as informed to the Court, the chargesheet was filed in 2023. The further submission is that the victim has in the meantime married another person and settled in life. The petitioner has been in custody from 25th March, 2024, almost a year by now. It is brought to the notice of the Court that the trial is in progress with nearly seven witnesses have been examined from the side of the prosecution. Considering the submission as above and objection of the State, continuation of trial and nature of mischief alleged against the petitioner as he was in a relationship allegedly of course with a false promise of marriage to the victim, who said to have been subjected to such mischief, the Court is of the view that the accused, who has remained in custody ever since arrested, should be allowed to go on bail with stringent conditions. 6. Accordingly, it is ordered. 7.
6. Accordingly, it is ordered. 7. In the result, the petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to be released on bail in connection with G.R. Case No.05 of 2019 arising out of Mohana P.S. Case No.68 of 2019 subject to him furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with one solvent surety for the like amount to the satisfaction of the learned Additional Sessions Judge-cum-Special Judge, (POCSO Act), Paralakhemundi, Gajapati, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances p. 3 of the case besides the following, such as, he shall not cause any harm/injury to the victim and any of her family members after being released and attend the trial on each date of posting without fail. 8. The BLAPL is disposed of. 9. Urgent certified copy of this order be granted as per rules. (R.K. Pattanaik) Balaram Judge Designation: Personal Assistant