IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.12939 of 2024 Milu @ Laxmidhar Mallik …. Petitioner Mr. B.K. Bal, Advocate -Versus- State of Orissa and another …. Opposite Parties Mr. C.M. Singh, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 02.01.2025 01. 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 Special G.R. Case No.169 of 2024 pending in the file of learned Additional District and Sessions Judge, Special Court under POCSO Act, Cuttack corresponding to Salipur P.S. Case No.384 of 2024 on the grounds stated therein. 3. Learned counsel for the petitioner submits that the relationship between the petitioner and the victim was ever since four years and under the peculiar facts and circumstances narrated on the FIR i.e. Annexure-1, the report was lodged. It is further submitted that due to such a relationship between the parties and when the marriage between them did not materialize, FIR was lodged at the end and considering the same, the petitioner should be allowed to go on bail on any terms and conditions. Page 2 of 3 4. Mr. Singh, learned ASC for the State produced the case diary and other police papers including the statement of the victim recorded under Section 183 BNSS for the Court’s perusal. It is submitted that the petitioner committed the alleged mischief and as a result of which, the victim is a minor, who is at present, twenty years old has been sexually exploited and since, the petitioner to be responsible for the same, he should not be enlarged on bail. 5. Perused the statement of the victim recorded under Section 183 BNSS. The details of the circumstances under which the relationship was developed have been narrated by her besides the overt acts being committed by the petitioner towards the end. From the materials on record, it is suggested that the relationship between both started nearly four years back. The victim said to have demanded marriage, which did not happen with the allegation that petitioner declined for the same. 6. On perusal of the statement of other witnesses recorded under Section 183 BNSS, the Court finds that such relationship was developed and continued till very recently, when, the FIR was lodged. In fact, on 19th July, 2024, the petitioner said to have taken the victim to the local Tahasil Office and thereafter, with an impression being given to her that both are married, cohabitation has taken place. The details of the other events have been narrated by the informant as well as other witnesses. Considering the entire of the evidence collected during investigation and the fact that the investigation stands closed as informed to the Court by learned counsel for the petitioner and the enquiry to be pending at the stage of framing of charge, the Court is of the view that under the above circumstances, the petitioner who is in custody since the date of arrest, should be allowed to go on bail subject to the 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 Special G.R. Case No.169 of 2024 arising out of Salipur P.S. Case No.384 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 District and Sessions Judge, Special Court under POCSO Act, Cuttack, who shall impose such other suitable conditions besides the following, such as, he shall not cause any harm to the victim in any manner, whatsoever, while on bail. 9. The BLAPL is disposed of. 10. Urgent certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge TUDU Designation: Sr. Stenographer