Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.41 of 2025
Pralay Biswas
…. Petitioner Mr. D.R. Bhokta, Advocate
-Versus-
State of Odisha …. Opposite Party
Mrs. U. Padhi, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 19.03.2025
03. 1. Heard Mr. Bhokta, learned counsel for the petitioner and Mrs. Padhi, learned ASC for the State. 2. Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with Umerkote P.S. Case No.395 of 2024 corresponding to T.R. Case No.58 of 2024 pending in the file of learned Addl. Sessions Judge-cum-Special Court under the POCSO Act, Nabarangpur on the grounds stated therein. 3. This Court, by order dated 7th January, 2025, had issued notice to the informant. The matter was also adjourned by order dated 10th March, 2025 in absence of instruction received from the informant, whether, the notice has been served on her. But, today, there is no instruction available with Mrs. Padhi, learned ASC for the State and a further request is received for adjournment, which the Court is not inclined and in favour of. Considering the submission of Mr. Bhokta, learned counsel for the petitioner and the p. 2 delay which has taken place, the Court proceeds to dispose of the petition by the following order. 4. The copies of the statements of the witnesses recorded under Section 180 BNSS are produced in Court. 5. Mr. Bhokta, learned counsel for the petitioner submits that the victim though a minor herself called the petitioner and thereafter, went to Raipur and claimed to have had their marriage at a temple and then stayed in a rented house for about two weeks. Since, such is the version of the victim under Section 180 BNSS, Mr. Bhokta, learned counsel submits that the petitioner, who is in custody from 20th November, 2024, should be allowed to go on bail with any conditions. 6. On merits, Mrs. Padhi, learned ASC for the State seriously objects to the releases of the petitioner on the ground that he is responsible for the alleged mischief involving a minor aged about 15 years. 7. The Court finds that the parities lived at Raipur for some days after their marriage claimed to have taken place. It appears to be a case of elopement of the victim with the petitioner. The FIR was lodged by the informant mother after the minor went missing. It is informed to the Court that the victim was rescued and she is currently staying with her parents.
In view of the circumstances leading to the disappearance of the victim and the involvement of the petitioner, who is a young boy aged about 24 years and is in custody, ever since arrested, recording the objection of the learned ASC for the State, this Court is inclined to release him on bail with following conditions. 8. Hence, it is ordered. Page 3 of 3
9. In the result, petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to be released on bail in connection with Umerkote P.S. Case No.395 of 2024 corresponding to T.R. Case No.58 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 Addl. Sessions Judge-cum-Special Court under the POCSO Act, Nabarangpur, 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