IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.7680 of 2024 Manas Kumar Samal @ Kanha @ Manas Ranjan Samal …. Petitioner Mr. D. Das, Advocate -Versus- State of Odisha …. Opposite Party Mr. P. Satapathy, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 04.02.2025 05. 1. Heard Mr. Das, learned counsel for the petitioner and Mr. Satapathy, learned ASC for the State. 2. Instant petition under Section 439 Cr.P.C. is filed for the release of the petitioner on bail in connection with S.T. Case No.246 of 2023 pending in the file of learned Adhoc Additional District & Sessions Judge, FTSC, Kendrapara corresponding to Kendrapara Sadar P.S. Case No.711 of 2023 on the grounds stated therein. 3. Mr. Das, learned counsel for the petitioner submits that the petitioner had sexual relationship with the victim to be consensual in nature as the same is revealed from the record. It is further submitted that such consensual nature of relationship between the two is also revealed if the victim’s statement recorded under Section 164 Cr.P.C is gone through. The further submission is that the victim has been examined as P.W.13 and considering the nature of evidence received from her and the fact that there remains no scope to tamper with evidence after she has been examined at the behest of the petitioner, who has remained in custody from 31st October, 2023, he should be allowed to go on bail with any conditions. In course of hearing, Mr. Das, learned counsel for the petitioner files an invitation showing obsequies ceremony of the grandmother of the petitioner to be held, she having died on 2nd February, 2025, it is pleaded that the accused should be granted bail. 4. Mr. Satapathy, learned ASC for the State, on the other hand, strongly objects to the release of the petitioner on bail since his involvement under Section 376 IPC is prima facie established. 5. Gone through the statement of the victim recorded under Section 164 Cr.P.C. which suggests that on the date of occurrence the petitioner called her to a nearby place and committed sexual mischief and the same was not disclosed by her thereafter but to the family members on being asked about the same. A copy of the deposition of the victim examined is also produced for perusal and considering the same, this Court finds that the alleged incident has been narrated by her in detail. In fact, referring to such evidence of P.W.13, Mr. Das, learned counsel for the petitioner submits that the incident seems to have happened with her consent. Without expressing anything on the merits of the evidence so far as received, this Court is of the view that the petitioner, who said to have had sexual encounters with the victim for couple of days, which was not revealed by her and ultimately, she became pregnant and as informed to the Court, has given birth to a child in the meantime, should be allowed to go on bail. 6. Hence, it is ordered. 7. 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 S.T. Case No.246 of 2023 corresponding to Kendrapara Sadar P.S. Case No.711 of 2023 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 learned Adhoc Additional District & Sessions Judge, FTSC, Kendrapara, who shall 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 any of her family members in any manner whatsoever after being released. 8. The BLAPL is disposed of. 9. Urgent certified copy of this order be granted as per rules. Alok (R.K. Pattanaik) Judge Designation: Asst. Registrar-Cum-Senior Secretary