Sahadeb Debnath Vs State of Odisha

Instant petition is filed for release of the petitioner on bail in connection with Semiliguda P.S. Case No.99 dated 23.08.2024 corresponding to T.R. Case No.83 of 2024 pending in the file of learned Additional Sessions Judge-cum-Special Judge under POCSO Act, Jeypore on the grounds stated therein.

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Mr. Achary, learned counsel for the petitioner submits that the petitioner and the victim had been in a relationship, whereafter, the report was lodged when their marriage did not materialize. It is submitted that the victim became pregnant and allegedly, it was at the instance of the petitioner.

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Referring to the F.I.R. as at Annexure-1 and details of the circumstances mentioned therein leading to the lodging of such report are referred to by Mr. Achary, learned counsel to claim that the petitioner had been in a relationship with the victim and hence, she having been examined in the meantime during trial, he should be allowed to go on bail with any conditions.

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Mr. Shivam Moharna, learned counsel for the informant appears through virtual mode and submits that he has filed the

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Vakalatnama on 17^th March, 2025 which is, however, not available in the Court’s brief, hence, be tagged immediately. In course of hearing, Mr.Achary, learned counsel, on a query of the Court, claims that the victim is not inclined to marry the petitioner anymore, the fact, which is confirmed by Mr. Moharana, learned counsel for the informant.

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Mr. Satapathy, learned ASC for the State objects to the release of the petitioner on the ground that he is responsible for the alleged mischief committed against the minor victim by then aged about seventeen years. From the F.I.R. and other materials on record including her statement under Section 183 BNSS, the Court finds that the parties at the relevant point of time were working together at one place and developed friendship and thereafter, fell in love and had been in a physical relationship, which ultimately led to the victim’s to becoming pregnant. It is informed to the Court that the victim has given birth to a girl child in the meantime. As it appears, the parties had known to each other and they developed relationship even though the victim was a minor but then such relationship was with a promise of marriage which ultimately did not happen. Considering the martials on record, submissions of learned counsel for the respective parties and as in the meantime, the victim has been examined as a witness during trial, the Court is of the view that the petitioner, who has remained in custody from 31^st August, 2024, should be allowed to go on bail with following conditions.

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Accordingly, it is ordered.

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In the result, the petition stands allowed. As a necessary corollary, the petitioner is directed to be released on bail in connection with Semiliguda P.S. Case No.99 dated 23.08.2024 corresponding to T.R. Case No.83 of 2024 subject to him furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with one solvent

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surety for the like amount to the satisfaction of the learned Additional Sessions Judge-cum-Special Judge under POCSO Act, Jeypore, who shall be at liberty to impose such other conditions besides the following, such as, he shall not cause any harm to the victim in any manner, whatsoever, after being released and to attend the learned Special Court on each date of posting of the trial, till the same is concluded.

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