IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.11225 of 2024 Milan Nayak …. Petitioner Mr. S. Mishra, Advocate -Versus- State of Odisha …. Opposite Party Mr. C.M, Singh, ASC Mr. K. Behera, Advocate for Informant CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 19.03.2025 03. 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.51 of 2024 pending in the file of learned Additional Sessions Judge-cum- Special Judge under POCSO, Phulbani corresponding to G. Udayagiri P.S. Case No.103 of 2024 on the grounds stated. 3. Perused the FIR as at Annexure-1 and rejection order i.e. Annexure-2. 4. Mr. Mishra, learned counsel for the petitioner submits that the petitioner and victim had been in a relationship for about four years and even stayed together for nearly 21-22 days after such elopement, later to which, the report was lodged by the informant father. Considering the same and as it a case of elopement and parties stayed together while them having been in a relationship for four years, the petitioner, who is in custody from 27th July, 2024, should be allowed to go on bail with any conditions. 5. Mr. Behera, learned counsel for the informant present in Court opposed release of the petitioner on the ground that the victim to be a minor aged about 15 years. Mr. Singh, learned ASC for the State similarly opposed grant of bail to the petitioner as he is involved with a minor victim. A copy of the victim’s statement recorded under Section 180 BNSS is made available to the Court. On a perusal of the same, the Court finds that she had been in a relationship with the petitioner for four years. The details of the circumstances leading to her elopement with the petitioner stands narrated in the said statement. The petitioner is a young boy aged about 21 years. Because of the acquaintance between the petitioner and the victim and their relationship for some years, the latter disappeared with elopement leading to the lodging the FIR and the fact that, both of them after such elopement remained together and maintained sexual intimacy and that, in the meantime, the preliminary chargesheet is filed keeping the investigation open, the Court is of the view that the petitioner, who is in custody since July, 2024, should be allowed to on bail with conditions. 6. Accordingly, it is ordered. 7. 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.51 of 2024 arising out of G. Udayagiri P.S. Case No.103 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 the learned Additional Sessions Judge-cum-Special Judge under POCSO, Phulbani, who shall impose such other suitable conditions as deemed just and proper and in the facts and circumstances of the case besides the following, such as, he shall not cause any harm or injury to the minor victim and her other 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. (R.K. Pattanaik) Judge TUDU