Gagan Behera v. State of Odisha

Mr. U.C. Jena, Advocate -Versus- State of Odisha …. Opposite Party Mr. P.K. Ray, AGA CORAM: MR. JUSTICE R.K. PATTANAIK ORDER

04.03.2025 Order No.

Heard Mr. Jena, learned counsel for the petitioner and Mr. Ray, learned AGA for the State.

Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with Spl.G.R. Case No.05 of 2024 (Spl. C.T. Case No.06 of 2024) pending in the file of learned Additional Sessions Judge-cum-Special Judge, Deogarh corresponding to Reamal P.S. Case No.91 of 2024 on the grounds stated therein.

Learned counsel for the petitioner refers to the evidence of the victim examined as P.W.17 before the Trial Court to claim that she had turned hostile. It is further submitted that the petitioner was in a relationship with the victim so revealed from the latter’s statement under Section 161 Cr.P.C. It is further submitted that the victim stayed with the petitioner at Talcher and maintained relationship with him. The age of the victim was 16 years by then as made to reveal from the F.I.R. lodged by the mother informant. In fact, Annexure-3 reveals that the minor examined as P.W.17 but has not supported the prosecution case. The victim was further examined in terms of Section 154 of the Indian Evidence Act but nothing adverse was revealed. As per the F.I.R. and statement recorded under Section 161 Cr.P.C., the Court finds that there was a relationship between the two and for the reasons best known to her, she has turned hostile while being examined on 25th July, 2024. Considering the above facts and the submissions of the learned counsels for the respective parties, without expressing anything on merits of the case, the Court is inclined to allow the petitioner to go on bail with conditions.

Hence, it is ordered. In the result, petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to be released on bail in connection with Spl.G.R. Case No.05 of 2024 (Spl. C.T. Case No.06 of 2024) corresponding to Reamal P.S. Case No.91 of 2024 subject to him furnishing a bail bond of Rs.50,000/-(Rupees fifty thousand) with one solvent surety for the like amount to the satisfaction of learned Additional Sessions Judge-cum-Special Judge, Deogarh, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case.

BLAPL stands disposed of. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Balaram Signature Not Verified Digitally Signed Signed by: BALARAM BEHERA Reason: Authentication Location: OHC, CTC Date: 05-Mar-2025 12:05:45