The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 8908 of 2025 Md. Aftab ..…... Petitioner(s) Mr. Bharat Bhusan Routray, Adv. -Versus- State of Odisha ………. Opposite Party(s) Ms. Gayatri Patra, ASC Mr. Biswaranjan Swain, Adv. for Informant CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 20.09.2025 Order No. 01.
Legal Reasoning
FIR Dated No. Police Station 228 27.07.2025 Bisra Sections Sections 69/89/351(3) of the BNS, 2023 No. Case and Courts’ Name G.R. Case No.1024 of 2025 pending in the court of learned JMFC, (Rural), Rourkela 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the parties. Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 22-Sep-2025 14:02:12 2 3. The Petitioner being in custody in Bisra P.S. Case No. 228 of 2025 corresponding to G.R. Case No.1024 of 2025, pending in the court of the learned JMFC, (Rural), Rourkela, registered for the alleged commission of offences under Sections 69/89/351(3) of the BNS, 2023, has filed this petition for his release on bail. 4. The prosecution case in brief is that the informant/victim has lodged the RIR on 27.07.2025 at about 2.40 PM alleging therein that since last 10.07.2021 she was in contact with the accused and the love relationship developed between them since 25.08.2024. As their love relationship was accepted by their family, the family members of the informant had been to Rajgangpur as per their family tradition. On 26.02.2025 the family members of the accused came to her house and fixed their engagement. During that period accused kept physical relationship with her at Hotel Padhi and Hotel Peoples with an assurance to marry her and without her consent. On 22.03.2025 the family members of the accused came to the victim’s house and denied the proposed marriage. After that, on 22.04.2025 the accused came to her house and gave assurance to marry her. On 19.05.2025 she came to know that she was pregnant. When the fact of pregnancy came to the knowledge of the accused he compelled her to terminate the pregnancy. On 25.05.2025 the Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 22-Sep-2025 14:02:12 Page 2 of 5 3 accused sent Rs.390/- to the informant and she brought a medicine and consumed the same for miscarriage for saving her reputation. On 12.06.2025 accused called her to Rajgangpur and took her into a Dhaba and assaulted her. After that accused took her mobile and gave her another mobile and blocked her from all the social media account. After informant contacted with the mother of the accused and she out rightly denied the marriage of his son with her. The accused also threatened if she lodged the report at PS he would kill her. So finding no other alternative, the informant lodged the report before the Bisra P.S. Hence, this case. 5. The learned counsel for the Petitioner submits that the petitioner has been falsely implicated in the present case. There is no credible or incriminating material on record to connect him to the alleged offenses. The petitioner has been in custody
Legal Reasoning
28.07.2025. In light of these facts, the learned counsel prays that the petitioner be enlarged on bail, as continued detention is unjustified in the absence of substantial evidence. 6. The love relationship between the accused and the informant was there and sexual relationship was also consensual since both of them were slated to marry. But for some Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 22-Sep-2025 14:02:12 Page 3 of 5 4 misunderstanding things did not auger well, hence, it led to lodging of the FIR. 7. Learned counsel for the State vehemently opposes the bail application, contending that the petitioner is an accused of serious and heinous offenses. It is submitted that the petitioner has established a physical relationship with the victim under false assurances of marriage. Given the egregious nature of the allegations and the potential for evidence tampering, the State strongly opposes any grant of bail to the petitioner. 8. Without going into the merit of the case and based on the facts and circumstances of the case, it is directed that the Petitioner be released on bail in the aforesaid case with some stringent terms and conditions as deemed just and proper by the learned court in seisin over the matter with further conditions that:- i. The Petitioner shall appear before the local Police Station on every Monday between 10 A.M. to 1.00 P.M.; ii. The Petitioner shall not indulge himself in any criminal offence while on bail; iii. The Petitioner shall not tamper with the evidence or intimidate the prosecution witnesses in any manner; and iv. The Petitioner shall plant 100 saplings of local varieties, such as mango, neem, tamarind, etc., around his village on Government land, community land, or private land in the possession of the Petitioner or his Page 4 of 5 Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 22-Sep-2025 14:02:12 5 family members. In the event that suitable land is unavailable, the Revenue Authority shall assist in identifying the land for plantation. Violation of any of the above conditions shall lead to cancellation of the bail. 9. The District Nursery/D.F.O. shall extend the helping hand by supplying the saplings to the Petitioner and the Revenue Authority shall assist the Petitioner in identifying the location for plantation of the saplings. If the land is not available, the Petitioner to approach the Revenue Authority for identifying the land for plantation and the Revenue Authority shall do the needful. 10. The I.I.C. of the concerned Police Station in coordination with the local Forest Officer shall monitor; whether the Petitioner has planted the saplings or not. 11. It is further made clear that the Petitioner shall file an affidavit after plantation of the saplings before the local Police Station assuring that he shall maintain those plants for two years.
Decision
12. The BLAPL is, accordingly, disposed of. Judge Murmu ( Dr. Sanjeeb K Panigrahi) Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 22-Sep-2025 14:02:12 Page 5 of 5