Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.231 of 2025
Shashikanta Rout
…. Petitioner
Mr. S.S. Chaini, Advocate
-Versus-
State of Odisha and another …. Opposite Parties
Mr. R. Pradhan, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 22.01.2025
02. 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 POCSO Case No.100 of 2024 pending in the file of learned Additional District Judge-cum-Special Court under POCSO Act, Bhadrak corresponding to Basudebpur P.S. Case No.895 of 2024 on the grounds stated. 3. Mr. Pradhan, learned ASC for the State submits that he has not received the case diary and other police papers including the medical examination report of the victim, hence, requests for more time. 4. Recorded the submission of learned counsel for the petitioner with the claim that the investigation is still on. Considering the submissions on record, the Court is inclined to dispose of the petition on merit. Page 2 of 3
5. Gone through the contents of the FIR as at Annexure-1. 6. The petitioner is a teacher by profession and victim to be a student and the alleged occurrence took place on 27th November, 2024 in the school. The details of the sexual mischief committed by the petitioner have been narrated by the victim aged about 10 years. It is submitted by learned counsel for the petitioner that such mischief could not have committed by the accused in broad day light. It is alleged that the husband of the informant is in inimical terms with the petitioner who stood in an election for the post of convener of the parent’s teacher association, hence, the report but from the FIR, there is prima facie evidence of the mischief having been committed by the petitioner. In other words, the petitioner is shown to have committed the mischief which amounts to sexual harassment of the victim, a minor student of the school. But then, the petitioner is aged about 45 years and he is a married person and a local resident and being a teacher is unlikely to abscond. Under the impression that substantial part of investigation to be over, the Court is of the view that the petitioner, who has remained in judicial custody since the month of November, 2024, should be allowed to go on bail with stringent conditions. 7. Accordingly, it is directed. 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 POCSO Case No.100 of 2024 arising out of Basudebpur P.S. Case No.895 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 Judge-cum-Special Court under POCSO p. 3 Act, Bhadrak, who shall be at liberty to impose such other suitable conditions as deemed just and proper besides the following, such as, he shall not cause any harm to the victim and her family members and stay away from them after release and to co-operate the IO concerned in the investigation, till the same is concluded. 9. The BLAPL is disposed of. 10. Urgent certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge
TUDU