Subash Sethi v. M.R.Mohanty, A.G.A

CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 03.01.2025

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel for the Petitioners and learned Counsel for the State. Perused the records.

This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 363, 366, 376(2)(n), 294, 323, 506, 34 of the I.P.C. read with Section 6 of the POCSO Act in Special C.T. Case No.124 of 2024 of the Court of learned Special Judge-cum-Additional Sessions Judge, POCSO, Jajpur arising out of Binjharpur P.S. Case No.506/2024.

It is stated by learned counsel for the Petitioners that the victim-girl and the son of the Petitioner Nos.1 and 3, namely one Pravat Kumar Sethi, were in a love relationship. He further Page 1 of 4. contended that the victim-girl had eloped with the principal accused- Pravat Kumar Sethi and they were staying in the house of the Petitioner Nos.1 and 3. Thereafter, some dispute arose between the husband and wife, as a result of which the present F.I.R. has been lodged against the principal accused and his family members at the instance of informant, who is the father of the victim-girl. Learned counsel for the Petitioners further contended no case is made out against the present Petitioners in the alleged crime. It was also contended that the principal accused, namely, one Pravat Kumar Sethi is not the petitioner before this Court in the present bail application. So far the present Petitioners are concerned, it is stated that the Petitioner No.1 is the father and the Petitioner No.3 is the mother and Petitioner No.2 is the married sister-in-law of the principal accused- Pravat Kumar Sethi. On such ground, learned counsel for the Petitioners submitted that the Petitioners be enlarged on pre-arrest bail on any terms and conditions that would be imposed by this Court.

Learned counsel for the State on the other hand objected to the release of the Petitioners on pre-arrest bail on the ground of gravity and seriousness of the allegation. He further contended that the victim-girl is admittedly a minor girl, aged about 17 years. In course of his argument, learned counsel for the state further referred to the 164 statement of the victim and submitted that there exists allegation against the present Petitioners. On such ground, learned counsel for the State submitted that the pre-arrest bail of the present Petitioners be rejected at this juncture.

On perusal of the case diary as well as the 164 statement of the victim, this Court observes that the victim-girl herself has admitted Page 2 of 4. that she was in a love relationship with the principal accused- Pravat Kumar Sethi. Thereafter, she fled away from her parental house while there were nobody present in the house and she was staying with the principal accused for the last six months. During such stay, they had physical relationship. Since the marriage did not take place as promised, the informant has lodged this F.I.R. against the principal accused and his family members. The 164 statement of the victim further reveals that there exists no specific allegation against the Petitioner Nos.1 and 3.

Taking into consideration the submissions made by the learned counsels appearing for the parties, on a careful examination of the materials on record, further taking note of the role played by the Petitioners in the alleged crime, although I am not inclined to grant anticipatory bail to the Petitioners, however it is observed that, in the event the Petitioners surrender and move for bail before the learned court in seisin over the matter within a period of three weeks from today, they shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper with further conditions that:- I. shall not harass, threaten or terrorize the victim-girl and her family members in any manner whatsoever; II. shall cooperate with the investigation and appear before the Investigating Officer as and when required by the I.O. for the purpose of investigation; and III. shall not default in attending before the court during trial on each date of posting, if not prevented by sufficient cause. Page 3 of 4. Violation of any of the terms and conditions shall entail cancellation of the bail.

The ABLAPL is disposed of accordingly. Urgent certified copy of this order be granted as per rules. Anil ( A.K. Mohapatra) Judge Page 4 of 4. Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 06-Jan-2025 18:46:11