Bail application under section 483 BNSS in a POCSO sessions case under BNS sections 64(2)(m), 127(2), 351(4), 3(5) and 49. Noting custody duration, the victim's statement, and the medical examination report, the High Court granted bail with conditions including no contact with the victim and appearance on trial dates.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.4482 of 2025
Alok Bhoi
Petitioner
Mr. Biswabhusan Das, Advocate
-versus-
State of Odisha
…. Opp. Party
Miss Suvalaxmi Devi, Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
12.05.2025
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 483 of B.N.S.S. in connection with C.T. Case No.37 of 2025 arising out of Tirtol P.S. Case No.564 of 2024 pending in the Court of learned Adhoc Additional Sessions Judge, FTSC (POCSO), Jagatsinghpur for offences punishable under sections 64(2)(m)/127(2)/351(4)/3(5)/49 of B.N.S.
The prayer for bail of the petitioner was rejected by the learned Adhoc Additional Sessions Judge, FTSC (POCSO), Jagatsinghpur vide order dated 21.02.2025.
Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 15.11.2024 and charge sheet has been
submitted under sections 64(2)(m)/127(2)/351(4)/3(5)/ 49 of B.N.S. and after going through the 183 B.N.S.S. statement of the victim, who is aged about twenty seven years and the submission of the learned counsel for the petitioner that the victim is a consenting party so also the medical examination report produced by the learned counsel for the State, 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) 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 may deem just and proper subject to conditions that the petitioner shall appear before the learned trial Court on each date to which the case would be posted for trial and shall not try to come in contact with the victim and shall not try to tamper with the evidence.
Violation of any terms and conditions shall entail cancellation of bail.
Accordingly, the BLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
( S.K. Sahoo)
Judge
RKM Signature Not Verified
Digitally Signed Signed by: RABINDRA KUMAR MISHRA Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 13-May-2025 14:39:25
Page 2 of 2
1 issue framed by the court
Whether the petitioner should be released on bail in a POCSO case given his custody since 15.11.2024, the victim's 183 BNSS statement, and the medical report.
2 provisions across 2 enactments
Alok Bhoi
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
