Chenta @ Balaram Behera Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2025)

Chenta @ Balaram Behera Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2025)

What the court decided

AI extract

Outcome

Petitioner directed to be released on bail in connection with Special G.R. Case No.188 of 2024 arising out of Bentkar P.S. Case No.291 of 2024, subject to furnishing a bail bond of Rs.40,000/- with one solvent surety for the like amount to the satisfaction of the learned Additional District Judge-cum-Special Court under POCSO Act, Cuttack, which may impose other suitable conditions deemed just and proper.

Issue for consideration

Whether the petitioner, facing allegation of kidnapping of a minor victim (stated age 14 years) in Special G.R. Case No.188 of 2024 arising out of Bentkar P.S. Case No.291 of 2024, should be released on bail under Section 483 BNSS.

Court's answer

As the matter is a case of elopement though of a minor, the Court disposed of it without any further notice to the informant.

Ratio / Principle

On perusal of the FIR, the Court found that the victim, daughter of the informant, eloped with the petitioner, who belongs to the same village, and considering the facts and circumstances, the Court was inclined to direct the accused to go on bail.

Key takeaways

The petition under Section 483 BNSS stands allowed; the petitioner is directed to be released on bail in connection with Special G.R. Case No.188 of 2024 arising out of Bentkar P.S. Case No.291 of 2024, subject to furnishing a bail bond of Rs.40,000/- with one solvent surety for the like amount to the satisfaction of the learned Additional District Judge-cum-Special Court under POCSO Act, Cuttack, which shall be at liberty to impose other suitable conditions.ratio¶25

Detailed headnote1 paragraphs

Bail under S. 483 BNSS — BLAPL No.293 of 2025, Chetan @ Balaram Behera v. State of Odisha (High Court of Orissa at Cuttack, R.K. Pattanaik, J., 13.01.2025): petition for bail in respect of Special G.R. Case No.188 of 2024 (Additional District Judge-cum-Special Court under POCSO Act, Cuttack) arising out of Bentkar P.S. Case No.291 of 2024, where the petitioner stood alleged of kidnapping of a minor victim stated to be 14 years old. From the FIR (Annexure-1) the Court found that the victim, daughter of the informant, had eloped with the petitioner, who belongs to the same village. Treating it as a case of elopement though of a minor, the Court disposed of the matter without further notice to the informant and allowed the petition, directing release of the petitioner on bail upon furnishing a bail bond of Rs.40,000/- (rupees forty thousand) with one solvent surety for the like amount, leaving imposition of other suitable conditions to the Special Court.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.293 of 2025

Chetan @ Balaram Behera

…. Petitioner

Mr. R.K. Routray, Advocate

-Versus-

State of Odisha

…. Opposite Party

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

Order

13.01.2025

No.

Heard learned counsel for the respective parties.

Instant petition under Section 483 BNSS is filed for release of the petitioners on bail in connection with Special G.R. Case No.188 of 2024 pending in the file of learned Additional District Judge-cum-Special Court, under POCSO Act, Cuttack corresponding to with Bentkar P.S. Case No.291 of 2024 on the grounds stated.

Perused the FIR as at Annexure-1 and rejection order i.e. Annexure-2.

Since it is a case of elopement though of a minor, the Court is inclined to dispose of the matter without any further notice to the informant.

Recorded the submissions of learned counsel both the sides.

From the FIR i.e. Annexure-1, the Court finds that after the victim went missing, a report was lodged. The allegation is that the

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petitioner to be responsible for the alleged kidnapping of the victim. It is informed to the Court that the age of the victim was 14 years as on the date of occurrence. From Annexure-1, the Court further finds that the victim, namely, the daughter of the informant eloped with the petitioner, who belongs to the same village. Considering the above facts and circumstances under which the alleged occurrence took place followed by the FIR lodged by the informant, the Court is inclined to direct the accused to go on bail with following conditions.

Hence, it is ordered.

In the result, the petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to be released on bail in connection with Special G.R. Case No.188 of 2024 arising out of Bentkar P.S. Case No.291 of 2024 subject to him furnishing a bail bond of Rs.40,000/-(rupees forty thousand) with one solvent surety for the like amount to the satisfaction of the learned Additional District Judge-cum-Special Court, under POCSO Act, Cuttack, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case.

9. The BLAPL is disposed of.

Urgent certified copy of this order be granted as per rules.

(R.K. Pattanaik) Judge

TUDU

Signature Not Verified

Digitally Signed Signed by: THAKURDAS TUDU Designation: Sr. Stenographer Reason: Authentication Location: OHC,CTC Date: 15-Jan-2025 12:50:55

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