IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.11854 of 2024 Sashikanta Jena @ Tuku …. Petitioner Ms. Anita Sahoo, Advocate -Versus- State of Odisha …. Opposite Party Mr. P.C. Acharya, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 27.01.2025 03. 1. Heard Ms. Sahoo, learned counsel for the petitioner and Mr. Acharya, learned ASC for the State. 2. Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with C.T. No.1472 of 2024 pending in the file of learned J.M.F.C., Soro arising out of Simulia P.S. Case No.358 of 2024 on the grounds stated therein. 3. Perused the F.I.R. and rejection order as at Annexures-1 & 2 respectively. 4. It is submitted by learned counsel for the petitioner that the relationship between the petitioner and the victim to be consensual, which is revealed from the record and has been admitted by her mother-in-law, namely, Chanchala Jena, whose statement stands recorded under Section 180 BNS. It is further submitted that there has been no viral of any photographs of the victim at the instance of the petitioner and hence, the allegation in that regard is false. Page 2 of 3 With such submission, learned counsel for the petitioner pleads for release of the accused with conditions. Mr. Acharya, learned ASC for the State, on the other hand, objects to the same on the ground that the petitioner is alleged of having committed the sexual mischief with a married lady and harassed her thereafter. 5. Gone through the statements of all the witnesses recorded under Section 180 BNS, it is made to understand that a relationship was developed with the victim by the petitioner and thereafter, the other mischief followed. It is alleged that the petitioner has threatened the victim with dire consequences after having maintained the relationship with her. Considering the above facts and circumstances under which the events have taken place and in the meantime, with the closure of investigation, the chargesheet is filed, recording the objection of Mr. Acharya, learned ASC for the State, the Court, in view of the relationship between the parties and the same to have deteriorated later on, is inclined to allow the petitioner, who is in custody from 4th November, 2024, to go on bail subject to stringent conditions. 6. Hence, it is ordered. 7. In the result, petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to go on bail in connection with C.T. No.1472 of 2024 arising out of Simulia P.S. Case No.358 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 J.M.F.C., Soro, 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 her family members in any manner whatsoever, while on bail. Any of the conditions if violated, shall entail cancellation of bail. 8. The BLAPL is disposed of. 9. Urgent certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge Balaram