p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.7023 of 2024 Ranbir Singh @ Pimpu …. Petitioner Mr.J. Panda, Advocate -Versus- State of Odisha …. Opposite Party Mr. P.K. Mohanty, ASC Mr. R.R. Panda, Advocate (Informant) CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 21.01.2025 07. 1. Heard Mr. Panda, learned counsel for the petitioner and Mr. Panda, learned counsel for the informant besides Mr. Mohanty, learned ASC for the State. 2. Instant petition under Section 439 Cr.P.C. is filed for release of the petitioner on bail in connection with C.T. Case No.31 of 2024 pending in the file of learned Additional Sessions Judge-cum- Special Court under POCSO Act, Bhawanipatna corresponding to Kegaon P.S. Case No.86 of 2024 on the grounds stated therein. 3. Perused the rejection order as at Annexure-1. 4. Mr. Panda, learned counsel for the petitioner submits that the petitioner approached the victim and then both had relationship and thereafter, the latter became pregnant and it was aborted with the consent of her father, as revealed from the chargesheet and considering the same and that the accused is in custody since 29th p. 2 March, 2024, this Court should allow him to go on bail with conditions. 5. Mr. Panda, learned counsel for the informant, on the other hand, strongly objects to the release of the petitioner on bail since he is responsible for the alleged mischief involving the victim, who is a minor aged about 16 years. 6. Similar objection is received from Mr. Mohanty, learned ASC for the State with the submission that the victim was trapped by the petitioner to have relationship, as a result of which, she had conceived. 7. Perused the statement of the victim recorded under Section 164 Cr.P.C., a copy of which is made available to the Court today by the learned counsel for the petitioner. This Court also perused the statement of the minor recorded under Section 161 Cr.P.C. It is made to understand that under the circumstances disclosed therein, the victim developed relationship with the petitioner and ultimately, she became pregnant. It further appears that the parties have had repeated sexual encounters. Admittedly, the victim is a minor hence her consent is immaterial. 8. But having regard to the fact that the petitioner and the victim known to each other and developed relationship, which is disclosed by the latter in her statements recorded under Sections 161 & 164 Cr.P.C. and at last, pregnancy was aborted so revealed from the chargesheet, a copy of which is in record, this Court is of the view that as the investigation is concluded and the petitioner is in custody from March, 2024, he should be allowed to go on bail subject to conditions. 9. Hence, it is ordered. Page 3 of 3 10. In the result, petition under Section 439 Cr.P.C. stands allowed. Consequently, the petitioner is directed to be released on bail in connection with C.T. Case No.31 of 2024 corresponding to Kegaon P.S. Case No.86 of 2024 subject to him furnishing a bail bond of Rs.40,000/-(Rupees fifty thousand) with one solvent surety for the like amount to the satisfaction of learned Additional Sessions Judge-cum-Special Court under POCSO Act, Bhawanipatna, 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 victim and to stay away from her; and shall not commit any further mischief, while on bail. 11. BLAPL stands disposed of. 12. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok Designation: Asst. Registrar-Cum-Senior Secretary