Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.7955 of 2024
Sibaram Sahu …. Petitioner
Mr. P. Behera, Advocate
-Versus-
State of Odisha …. Opposite Party
Mrs. U. Padhi, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 24.02.2025
05. 1. Heard learned counsel for the petitioner and State. 2. Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with C.T. Case No.399/80 of 2023 pending in the file of learned Additional Sessions Judge-cum- Special Court under POCSO Act, Bhawanipatna corresponding to M. Rampur P.S. Case No.204 of 2023 on the grounds stated. 3. Perused the victim’s statement as at Annexure-2. 4. In course of hearing, learned counsel for the petitioner made the Court to go through the victim’s version in her statement recorded under Section 161 Cr.P.C. to claim that it was a case of elopement of the victim with the petitioner due to a relationship. It is further submitted that the trial is in progress. 5. Recorded the objection of Mrs. Padhi, learned ASC for the State. 6. From the statement recorded under Section 161 Cr.P.C. of the victim, she claimed to have had the lover affair with the
petitioner, who had promised her to marry in future. The case appears to be with the involvement of the parties out of love affair. The petitioner did keep sexual relationship with the victim, who was a minor at the relevant point of time, when the report was lodged. Considering the fact that the victim eloped with the petitioner and stayed with him in his relative’s house and the circumstances leading to the lodging of the report by the informant, the Court is of the view that the petitioner, who has remained in judicial custody from 16th September, 2023, should be directed to go on bail with following conditions. 7. Accordingly, it is ordered. 8. In the result, the petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to be released on bail in connection with C.T. Case No.399/80 of 2023 arising out of M. Rampur P.S. Case No.204 of 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-cum-Special Court under POCSO Act, Bhawanipatna, who shall impose such other suitable conditions besides the following, such as, he shall attend the trial and remain physically present on each date of posting without fail, till the same is concluded. 9. The BLAPL is disposed of. 10.
9. The BLAPL is disposed of. 10. Urgent certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge
TUDU