Manji Chaurasia Vs State of Odisha

Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with Special Case No.93 of 2024 pending in the file of learned Additional District and Sessions Judge-cum-Special Judge under POCSO Act, Keonjhar corresponding to Barbil P.S. Case No.304 of 2024 on the grounds stated.

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

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In course of hearing, the case diary, other police papers and copy of the chargesheet are produced for perusal of the Court. Mr. Dwibedi, learned counsel for the petitioner submits that the petitioner has been in a relationship about 7 to 8 years and at last, the FIR was lodged alleging sexual mischief against him. With the

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closure of investigation and filing of the chargesheet, it is further submitted that the petitioner, who has been custody from 6^th October, 2024, should be allowed to go on bail which is strongly objected to by Mr. Zafarulla, learned counsel for the informant on the ground that he is responsible for the mischief and not only that, the photographs of the victim have been viralled and that apart, one more FIR was lodged recently on account of threat received from the side of the petitioner. Mr. Pradhan, learned ASC for the State equally opposed release of the petitioner on bail due to the mischief committed by him involving the victim. It is claimed that the petitioner is having three more criminal antecedents but Mr. Pradhan, learned ASC fairly admits that the same are not in relation to similar antecedents.

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A copy of the FIR dated 15^th December, 2024 lodged by the family of the informant is produced in Court by Mr. Zafarulla, learned counsel appearing for them and the same is also gone through. As it appears, the petitioner did have a relationship with the elder sister of the victim and thereafter, with the victim continued for long. It is alleged that on account of such mischief by the petitioner, the victim had a mental trauma and was under meditation. As far as the allegations are concerned, the petitioner did maintain relationship with the victim, which may be either under compulsion or duress. Nevertheless, such relationship remained for about 7 years started from a time, when the victim was a minor. The petitioner is in custody from 6^th October, 2024. It is apprehended that in the event the petitioner is released on bail, he may harm the victim, who is still receiving treatment for such mental trauma. In the meantime, chargesheet is filed with the closure of investigation. Considering the statements of the witnesses

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recorded under Section 180 BNSS, the version of the victim under Section 183 BNSS and such other materials, the Court does not find such seizure of any photographs/video alleged to have been viralled by the petitioner. No such material IS submitted along with the preliminary chargesheet. The investigation is still on as further made to reveal from the record. Considering the above facts and submissions of learned counsel for the respective parties and since the petitioner is in custody for more than three months by now and investigation is over in so far as the petitioner is concerned, the Court, taking into account the serious apprehension of threat to be involved, is inclined to direct him to go on bail with stringent conditions.

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6. Accordingly, it is ordered.

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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 Case No.93 of 2024 arising out of Barbil P.S. Case No.304 of 2024 subject to him furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with two solvent sureties (one of whom to be a blood relation) for the like amount to the satisfaction of the learned Additional District and Sessions Judge-cum-Special Judge under POCSO Act, Keonjhar, who shall impose such other suitable conditions as deemed just and proper besides the following, such as, he shall not come in contact with the victim or her elder sister and their other family members after being released; shall not cause any harm to the victim, while on bail; shall attend the PS and report IO and continue to do so at least for period of six months or till such time, the victim is examined during trial, whichever is later and In case, any of the conditions imposed

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TUDU

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by the Court is/are violated after release, it shall forthwith entail cancellation of bail granted to him without reference to this Court.

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