Raju @ Rajendra Panda Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2025)

Raju @ Rajendra Panda Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2025)

What the court decided

AI extract

Outcome

Release of the petitioner on bail in connection with T.R. Case No.39 of 2024 arising out of Gudari P.S. Case No.100 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 Sessions Judge-cum-PO, Special Court under POCSO Act, Rayagada, who may impose such other suitable conditions as deemed just and proper.

Issue for consideration

Whether the petitioner, in custody since 27th October, 2024 in connection with T.R. Case No.39 of 2024 arising out of Gudari P.S. Case No.100 of 2024 (Special Court under POCSO Act, Rayagada), should be released on bail under Section 483 BNSS.

Court's answer

From the victim's statement recorded under Section 183 BNSS during investigation, the Court found that she accompanied the petitioner to Hyderabad, both stayed together for some time, and she admitted to having physical relationship with the petitioner; a missing report lodged by the father of the informant indicated the victim eloped with the petitioner and went to Hyderabad.

Ratio / Principle

Considering the closure of investigation, filing of the chargesheet in December, 2024, the petitioner's custody from 27th October, 2024, and that he is a young boy aged about 23 years, the Court was inclined to direct him to go on bail with conditions.

Key takeaways

The petition under Section 483 BNSS stands allowed; the petitioner is directed to be released on bail in connection with T.R. Case No.39 of 2024 arising out of Gudari P.S. Case No.100 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 Sessions Judge-cum-PO, Special Court under POCSO Act, Rayagada, who shall impose such other suitable conditions as deemed just and proper.ratio¶22

Detailed headnote1 paragraphs

Bail – Section 483 BNSS – Petition for regular bail in T.R. Case No.39 of 2024 arising out of Gudari P.S. Case No.100 of 2024, pending before the learned Additional Sessions Judge-cum-PO, Special Court under POCSO Act, Rayagada – Victim's statement under Section 183 BNSS recorded during investigation showed she accompanied the petitioner to Hyderabad, stayed with him and admitted physical relationship; missing report by the informant's father showed she eloped with the petitioner – Investigation closed and chargesheet filed in December, 2024 – Petitioner in custody since 27th October, 2024, aged about 23 years – Bail granted with conditions: bail bond of Rs.40,000/- (rupees forty thousand) with one solvent surety for the like amount, further conditions left to the trial court – Petition allowed and BLAPL disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.414 of 2025

Raju@ Rajendra Panda …. Petitioner

Mr. P. Panigrahi, Advocate

-Versus-

State of Orissa and another

…. Opposite Parties

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

Order

12.03.2025

No.

This Court by order dated 17^th January, 2025 had directed issuance of notice to the informant. No instruction has been received by the State, whether, such notice was ever served. However, considering the delay and submission of learned counsel for the petitioner and the nature of allegations made to appear from the FIR, the Court is inclined to dispose of the petition by following order.

2. Heard learned counsel for the petitioner and State.

Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with T.R. Case No.39 of 2024 pending in the file of learned Additional Sessions Judge-cumPO, Special Court under POCSO Act, Rayagada corresponding to Gudari P.S. Case No.100 of 2024 on the grounds stated.

4. Perused the rejection order as at Annexure-1.

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From the statement of the victim recorded under Section 183 BNSS, the Court finds that she accompanied the petitioner to Hyderabad and both stayed together for some time. The victim admitted to have physical relationship with the petitioner in her said statement recorded during investigation. In fact, a missing report was lodged by the father of the informant, a copy of which is made available to the Court and upon perusal of the same. It is made to understand that the victim eloped with the petitioner and went to Hyderabad. Considering the same and as in the meantime, with the closure of investigation and the chargesheet being filed in the month of December, 2024, the petitioner, who is in custody from 27^th October, 2024 and a young boy aged about 23 years, the Court is inclined to direct him to go on bail with conditions.

6. Accordingly, 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 T.R. Case No.39 of 2024 arising out of Gudari P.S. Case No.100 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 Sessions Judge-cum-PO, Special Court under POCSO Act, Rayagada, who shall impose such other suitable conditions as deemed just and proper and in the facts and circumstances of the case.

8. The BLAPL is disposed of.

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

Signature Not Verified (R.K. Pattanaik) Digitally Signed Judge Signed by: THAKURDAS TUDU Reason: AuthenticationTUDU Location: OHC,CTC Date: 17-Mar-2025 11:28:39

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