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2025 DAILYLAW 9604 (ORI)

MANORANJAN PARIDA v. STATE OF ODISHA

BLAPL/425/2025 · 2025-03-12

R K Pattanaik

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.425 of 2025 Manoranjan Parida …. Petitioner Mr. D. Routray, Advocate -Versus- State of Odisha …. Opposite Party Mrs. U. Padhi, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 12.03.2025 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.132 of 2024 pending in the file of learned Additional District and Sessions Judge-cum-Special Court POCSO, Jagatsinghpur corresponding to Nuagaon P.S. Case No.276 of 2024 on the grounds stated. 3. Perused the FIR as at Annexure-1 and rejection order i.e. Annexure-2. 4. A missing report was lodged by the informant in respect of the victim, a minor by then. The case diary is produced by Mrs. Padhi, learned ASC for the State and the same is gone through. The Court finds from the record that the victim eloped with the petitioner and since, she was found missing, the report was lodged by the informant mother. Upon a reading of the statements of the witnesses recorded under Section 180 BNSS, the Court finds that the petitioner and victim spent time together and even identified themselves to others as spouses. The age of the victim is found to be 16 years and some months when the incident had happened. Considering the above facts and elopement of the victim with the petitioner and thereafter, both having physical relationship while staying together and though the minor to be a victim and her consent is immaterial, the Court, in view of such elopement, is inclined to allow petitioner to go on bail with conditions. 5. Accordingly, it is ordered. 6. 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.132 of 2024 arising out of Nuagaon P.S. Case No.276 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-cum-Special Court POCSO, Jagatsinghpur, who shall impose such other suitable conditions as deemed just and proper and in the facts and circumstances of the case. 7. The BLAPL is disposed of. 8. Urgent certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge TUDU