IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.75 of 2025 Salabeg Naik@ Sanju@ Salu@ Lilu …. Petitioner Mr. A. Tripathy, Advocate -Versus- State of Odisha & another …. Opposite Parties Mr. U.R. Jena, AGA CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 11.03.2025 02. 1. Heard learned counsel for the petitioner and State. 2. Notice was issued pursuant to the Courts order dated 7th January, 2025 but there has been no instruction received regarding service of the notice on the informant. Considering the delay and default on the part of the State in that regard, the Court is inclined to dispose of the petition by the following order. 3. Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with Sarankul P.S. Case No. 77 of 2024 corresponding to T.R. Case No. 75 of 2024 pending in the file of learned Additional Sessions Judge- cum-Special Judge, under POCSO Act, Nayagarh on the grounds stated therein. 4. Referring to Annexure-2 and in particular, evidence of the minor examined as P.W.2, Mr. Tripathy, learned counsel for the petitioner submits that she was with the petitioner and stayed for about eleven months and considering the same, the petitioner, who is in custody from 20th April, 2024 should be allowed to go on bail. 5. Mr. Jena, learned AGA for the State opposed release of the petitioner on bail since a minor is involved and her consent is no consent in the eye of law. 6. Upon a reading of the deposition of P.W.2 before the learned court below in T.R. No. 75 of 2024, the Court finds that she joined the company of the petitioner and both lived as spouses after marriage held in a temple. Admittedly, the victim was a minor by then. Considering such evidence of P.W. 2 and marriage between her and the petitioner though such mischief has been committed as a result and lodging of the F.I.R. by the informant father upon her disappearance, the Court is of the view that the petitioner, who is in custody ever since arrested and facing the trial should be allowed to go on bail with 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 Sarankul P.S. Case No. 77 of 2024 corresponding to T.R. Case No. 75 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 Act, Nayagarh, who shall be at liberty to 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 attend the trial on each date of posting and not to default, till the same is concluded. 9. The BLAPL is disposed of. 10. 9. The BLAPL is disposed of. 10. Urgent certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge kabita