p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2326 of 2024 Dasarathi Jena …. Petitioner Mr. T.K. Mohanty, Advocate -Versus- State of Odisha …. Opposite Party Mr. R. Pradhan, ASC Mr. J. Behera, Advocate for the informant CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 10.01.2025 06. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 439 Cr.P.C is filed for release of the petitioner on bail in connection with T.R. Case No.639 of 2023 pending in the file of learned Additional Sessions Judge, Bhubaneswar corresponding to Bolagarh P.S. Case No.316 dated 5th December, 2023 on the grounds stated therein. 3. Perused the F.I.R. as at Annexure-1 and the rejection order i.e. Annexure-2. A copy of the statement recorded under Section 164 Cr.P.C. of the victim is made available to the Court and the same is perused. 4. Learned counsel for the petitioner referring to the statement of the minor victim submits that the occurrence has taken place in the year, 2023 and the petitioner, who is an uncle by village courtesy, is in custody from 7th December, 2023 and since the investigation is concluded with the chargesheet being filed, he should be allowed to go on bail subject to any stringent conditions. In course of hearing, learned counsel for the petitioner produced a p. 2 copy of the medical examination report of the victim and the same is also perused by claiming that there has been no case of any evidence with regard to sexual mischief committed, hence, the accused should be enlarged on bail, which is strongly objected to by learned counsel for the informant by stating that the victim is aged about 12 years only. Similar objection is received from Mr. Pradhan, learned ASC for the State. 5. Perused the statement of the victim under Section 164 Cr.P.C., which prima facie reveals the involvement of the petitioner and the kind of mischief, he has committed with her. The medical examination report, however, shows that there is nothing suggestive of any insertion of finger into the private part of the victim. Considering the above and submissions of learned counsel for the respective parties and objection of learned counsel for the informant and for the fact that he is a married man, who is in custody since more than one year by now, with the closure of investigation and filing of chargesheet, the Court is inclined to allow him to go on bail subject to the following conditions. 6. Hence, it is ordered. 7. In the result, petition under Section 439 Cr.P.C. stands allowed. Consequently, the petitioner is directed to go on bail in connection with T.R. Case No.639 of 2023 corresponding to Bolagarh P.S. Case No.316 dated 5th December, 2023 subject to him furnishing a bail bond of Rs.40,000/-(rupees forty thousand) with one solvent surety for the like amount to the satisfaction of the learned Additional Sessions Judge, Bhubaneswar, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, he shall not cause any harm to the minor victim and influence other material witnesses to the case, while on bail. p. 3 8. The BLAPL is disposed of. 9. Urgent certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge Balaram