IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.11074 of 2024 Dev @ Deba Bag …. Petitioner Mr. J. Panda, Advocate -Versus- State of Odisha …. Opposite Party Mr. P. Satapathy, ASC None (Informant) CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 05.03.2025 04. 1. Heard Mr. Panda, 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 release of the petitioner on bail in connection with Bhawanipatna Town P.S. Case No.170 of 2024 corresponding to C.T. Case No.517/51 of 2024 pending in the file of learned Ad-hoc Additional District & Sessions Judge, (Fast Track Special Court), Kalahandi, Bhawanipatna on the grounds stated therein. 3. Mr. Panda, learned counsel for the petitioner submits that the petitioner is in judicial custody from 30th May, 2024. 4. None appears for the informant at the time of call. 5. Mr. Satapathy, learned ASC for the State does not have any instruction, whether, notice has been served on the informant pursuant to Court’s order dated 22nd November, 2024. Page 2 of 3 6. Since, there has been delay and the State has defaulted to obtain instructions regarding service of notice on the informant, on the basis of the submissions of learned counsel for the petitioner, this Court is inclined to proceed and dispose of the petition by the following order. 7. Perused a copy of the FIR produced in Court. It is a case of elopement. At the time of elopement, the victim was aged about 14 years and such elopement has been narrated by the minor victim in her statement recorded under Section 164 Cr.P.C. A copy of the said statement is made available to the Court and the same is perused. Similar statement is recorded under Section 161 Cr.P.C. and it is made to understand that the minor joined the company of the petitioner and moved to different places. Since, the victim went on missing, the informant lodged FIR. The statements of the victim recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. reveal that she remained with the petitioner for quite some time. But having regard to the fact that she eloped with the petitioner, who is young boy aged about 20 years and both stayed under one roof for some days and at last, she was rescued and in view of such elopement and custody of the petitioner from the month of May, 2024 and in the meantime, with the closure of investigation, the chargesheet was filed, this Court is inclined to release the accused on bail with following conditions. 8. Hence, it is ordered. 9. 8. Hence, it is ordered. 9. 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 Bhawanipatna Town P.S. Case No.170 of 2024 corresponding to C.T. Case No.517/51 of 2024 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 learned Ad-hoc Additional District & Sessions Judge, (Fast Track Special Court), Kalahandi, Bhawanipatna, who shall impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case. 10. The BLAPL is disposed of. 11. Urgent certified copy of this order be granted as per rules. Alok (R.K. Pattanaik) Judge Designation: Asst. Registrar-Cum-Senior Secretary