Tuna Pradhan Vs State of Odisha — Bail and Remand | Orissa HC (2025)

Tuna Pradhan Vs State of Odisha — Bail and Remand | Orissa HC (2025)

What the court decided

AI extract

Outcome

Petitioner directed to be released on bail in Angul Sadar P.S. Case No.574 of 2024 / C.T. Case No.295 of 2024 on furnishing a bail bond of Rs.50,000/- with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin, subject to conditions imposed by the Court below (no criminal activities; appearance before the trial Court on each posting date), violation entailing cancellation of bail.

Issue for consideration

Whether the petitioner, in custody since 06.10.2024 for alleged offences under sections 64(1) of BNS, 2023 (Angul Sadar P.S. Case No.574 of 2024 / C.T. Case No.295 of 2024) and whose bail prayer had been rejected by the FTSC, Angul, should be released on bail under section 483 of B.N.S.S.

Court's answer

The Court was moved to release the petitioner on bail considering that he is a young boy of 23 years and has been in judicial custody since 06.10.2024, and after hearing the State counsel who placed the victim's statement recorded under section 183 of the BNSS and the medical examination report.

Ratio / Principle

The medical examination report indicated there was no bodily injury noticed on the person of the victim and there was no sign or symptom of recent sexual intercourse; on these considerations the Court was inclined to release the petitioner on bail.

Key takeaways

Bail was ordered on furnishing a bail bond of Rs.50,000/- each with two local solvent sureties each for the like amount, subject to further conditions as the Court below deems fit, including that the petitioner shall not indulge in any criminal activities and shall appear before the learned trial Court on each date of posting; violation of any condition shall entail cancellation of bail.ratio¶23

Detailed headnote1 paragraphs

Bail - S. 483 BNSS application in respect of offences under S. 64(1) BNS, 2023 (Angul Sadar P.S. Case No.574 of 2024 / C.T. Case No.295 of 2024, FTSC Angul) - petitioner aged 23 years in judicial custody since 06.10.2024 - earlier bail rejection by Ad-hoc Additional District & Sessions Judge (FTSC), Angul dated 21.12.2024 - bail granted by High Court of Orissa taking into account the victim's statement recorded under S. 183 BNSS (victim aged about 22 years) and the medical examination report showing no bodily injury on the victim and no sign or symptom of recent sexual intercourse - bail on bond of Rs. 50,000/- with two local solvent sureties each for the like amount, conditioned on abstention from criminal activities and appearance before the trial Court on each date, failing which cancellation.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1063 of 2025

Tuna Pradhan

.....

Petitioner

Represented By Adv.

Mr.A.K. Nath, Advocate.

-versus-

State of Odisha

..... Opposite Party

Represented By Adv. Mr.Sarat Ch. Pradhan, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

Order No.

ORDER

14.02.2025

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application for bail under section 483 of B.N.S.S in connection with Angul Sadar P.S. case No.574 of 2024 corresponding to C.T. Case No.295 of 2024 pending before the learned court of the Ad-hoc Additional District & Sessions Judge (FTSC), Angul for alleged commission of offences under sections 64(1) of BNS, 2023.

The prayer for bail of the petitioner was rejected by the learned Ad-hoc Additional District & Sessions Judge (FTSC), Angul vide order dated 21.12.2024.

Considering the submission made by the learned counsel for the petitioner that the petitioner is a young boy of 23 years and is in judicial custody since 06.10.2024 and after hearing the learned counsel for the State, who placed the statement of the victim, who is aged about 22 years, recorded under section 183 of the BNSS and also the medical examination report, which

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indicates that there was no bodily injury noticed on the person of the victim and there was no sign or symptom of recent sexual intercourse, I am inclined to release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) each with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court below may deem just and proper including the conditions that the petitioner shall not indulge in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial. Violation of any of the conditions shall entail cancellation of bail.

The BLAPL is disposed of accordingly.

Issue urgent certified copy as per Rules.

(S.K. Sahoo)

Judge

Basu

Signature Not Verified

Digitally Signed Signed by: BASUDEV NAYAK Designation: ASST. REGISTRAR-CUM-SR. SECRETARY Reason: Authentication Location: HIGH COURT OF ORISSA : CUTTACK Date: 17-Feb-2025 12:25:14

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