The High Court
Case Details
Order No. 02. IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.12022 of 2024 Rama Hembram …. Petitioner Mr. Tara Prasad Mohapatra, Advocate State of Odisha & another …. Opp. Parties -versus-
Legal Reasoning
Mr.S.N.Biswal, ASC CORAM: JUSTICE SIBO SANKAR MISHRA
Decision
ORDER 05.02.2025 1. The petitioner is an accused in connection with Bahalda P.S. Case No.120 of 2023 corresponding to C.T. Case No.119 of 2023 registered for the alleged commission of the offences punishable under Sections 363/376(3) of the IPC r/w Section 4 of the POCSO Act, pending in the Court of the learned Presiding Officer, Special Court under POCSO Act, Mayurbhanj, Baripada. The petitioner had approached the learned Presiding Officer, Special Court under POCSO Act, Mayurbhanj, Baripada praying for grant of bail. The learned Court below vide its order dated 02.11.2024 rejected the bail Page 1 of 5 application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 of the Cr.P.C. praying for enlargement on bail. 2. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. 3. The prosecution case is that, on 09.102.2023, the informant of the present case lodged a written report at Bahalda P.S. alleging that on 16.09.2023, his daughter was taken away from his house by the present petitioner, who lured his daughter to marry and had kept physical relationship with her. On 06.10.2023, the petitioner left his daughter on the street and fled away. When his daughter came home, she told everything to her mother. Hence, the F.I.R. 4. The victim in the present case has already been examined as P.W.6. She in her cross-examination in has stated as under: “3. It is a fact that I was having love affairs with the accused, prior to the date of the alleged incident. It is a fact that I was having talking terms with the accused since one month back from the date of occurrence. I had never met with the accused physically, during such period. It is a fact that my family members could able to know my relationship with the accused; and that I had also stated to my parents that I love the accused. 4. It is a fact that I got acquainted with the accused, Page 2 of 5 since he used to come to our village for labour work. 5. It is a fact that I had asked the accused to take me away from my house, but initially he refused me stating that he will marry me after attaining majority. It is a fact that since I forced the accused to take me with him, he came to my house for taking me with him. 6. It is a fact that the accused took me to his house, wherein his mother, brother and sister-in-law were also residing. 7. It is not a fact that during my stay at the house of the accused, I used to sleep with the mother of the accused.” 5. Learned counsel for the petitioner submits that, the parties have also settled their dispute. 6. The victim is present in the Court today on being represented by her counsel. Learned counsel for the victim also submits that, the victim and the petitioner are going to marry. The victim has filed an affidavit before this Court on 05.02.2025 inter alia, stating as under: “3. That the accused petitioner is inside jail custody since 10.10.2023 in connection with C.T. Case No.129 of 2023, pending in the court of the learned Addl. Sessions Judge-cum-Special Court, under POCSO Act, Mayurbhanj, Baripada arising out of Bahalda P.S. Case No.120 of 2023 for the alleged commissioner of offence under Sections-363, 366, 376(3), 376(2)(n) of the IPC read with Section 6 of the POCSO Act. 4. That it is humbly submitted that during pendency of the trial before the learned court below the accused petitioner and his family members are agreed to accept me as their daughter-in-law. On that proposal I and my family members are also agreed to their proposal. Specially I (victim) also ready to marry the accused-petitioner. Page 3 of 5 5. That this matter is also now amicably settled between me and my family members with the family members of the accused-petitioner on the intervention of our well wishers and village gentries. 6. That so in view of the above mentioned facts and circumstances of the case if the accused – petitioner be released on bail by this Hon’ble Court. So I have no objection if the petitioner be released on bail by this Hon’ble Court for the ends of justice.” 7. The petitioner has been in custody since 10.10.2023. The trial in the present case is still proceeding at snails pace. 8. Regard being had to the nature of allegation, the fact that the trial will take a considerable time and the petitioner has been in custody since more than a year, I am inclined to enlarge accused-Petitioner on bail. 9. Hence, the Petitioner is directed to be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions: (1) The petitioner shall appear before the Court diligently without fail, on every date of hearing; (2) He shall not influence any of the witnesses related to this case in any manner whatsoever; and Page 4 of 5 (3) He shall not commit any offence while on bail. In the event, the petitioner is found to be wanted for violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the prosecution is at liberty to move appropriate application before the Court below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit. 10. The BLAPL is accordingly disposed of. Judge Subhasis (S.S. Mishra) Signature Not Verified Digitally Signed Signed by: SUBHASIS MOHANTY Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 06-Feb-2025 10:32:02 Page 5 of 5