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2026 DAILYLAW 17844 (ORI)

JOSEPH SUNA @ KAREN v. STATE OF ODISHA

BLAPL/2728/2026 · 2026-05-15

V Narasingh

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 2728 of 2026 Joseph Suna @ Karen …. Petitioner Mr. PVS Nanaji Achary, Advocate -versus- State of Odisha …. Opposite Party Mr. C.R. Swain, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 15.05.2026 02. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. The Petitioner is an accused in connection with T.R. Case No.27 of 2025, pending on the file of learned Ad-hoc Addl. Sessions Judge (FTSC) Jeypore, arising out of Koraput Town P.S. Case No.57 of 2025 for commission of the alleged offence under Sections 64(2)(m)/65(1)/296/351(3) of BNS read with Section 4(2)/6 of POCSO Act read with Section 9 of Prohibition of Child Marriage Act. 3. Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court. 4. Being aggrieved by the rejection of his application for bail U/s.483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) by the learned Ad-hoc Addl. Sessions Judge (FTSC) Jeypore by order dated 27.02.2026 in the aforementioned case, the present BLAPL has been filed. 5. The case of the prosecution, in short, is that on 02.04.2025 at 2 P.M. informant lodged a written report alleging therein that two years ago Petitioner seduced her and kept physical relationship with her against her will. At that time, she was 14 years old. She was also threatened by Petitioner not to disclose the same to anyone. On promise of marriage he kept physical relationship with her which she neither objected nor disclosed the same to anyone. After a year, her mother-in-law and father-in-law at the behest of her husband-Petitioner begun to torture her mentally and physically and demanded for dowry. She further alleged that one week before, her husband told her to stay with her sister for few days as he would go to Vishakhapatnam for labour work. One day before lodging the FIR she was trying to contact him but could not, as such she went to his house and found the house to be locked and got information from the villagers that her husband fled away to Vishakhapatnam with another girl of Pakandula. On the basis of such report, aforementioned PS case was registered. 6. It is submitted by the learned counsel that the Petitioner is in custody since 03.04.2025 and in the meanwhile victim has been examined. Hence, the Petitioner may be released on bail. 7. Learned counsel for the State opposes the prayer for bail. 8. Taking into account the examination of the victim and the tenor of the statement, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin. 9. Before releasing, learned Court in seisin is requested to verify the criminal antecedent of the Petitioner. If it comes to the fore that the Petitioner has criminal antecedent of any nature, this order shall not be given effect to. 10. Accordingly, the BLAPL stands disposed of. 11. Urgent certified copy of this order be granted as per rules. (V. NARASINGH) Judge Santoshi