Babulu Tandi Vs State of Odisha

Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with Sector-3 P.S. Case No.120 of 2024 corresponding to Special G.R. Case No.74 of 2024 pending in the file of learned Ad-hoc Additional District & Sessions Judge, (FTSC), POCSO, Rourkela on the grounds stated therein.

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In course of hearing, it is informed by Mr. Pradhan, learned ASC for the State that he has no instructions with regard to the notice to have been served on the informant. This Court, by order dated 19^th February, 2025, had directed the State to collect such information, however, the same is still not received. Considering the submission of Mr. Nayak, learned counsel for the petitioner and since the State has defaulted in collecting the information regarding

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such service of notice on the informant, this Court is inclined to proceed to dispose of the bail petition by the following order.

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Gone through the FIR as at Annexure-1 and the Court finds that report was lodged after the victim, who is a minor, went missing. The chargesheet is filed in the meantime and a copy of the same is at Annexure-2 series. This Court further finds that the victim was accompanied by the petitioner, a young boy of 19 years and both of them travelled to Rourkela and their families were informed. In fact, the uncle of the petitioner informed the family of the petitioner and then, the family members of the victim arrived and she was taken back and thereafter, FIR was lodged. The medical examination report of the victim is referred by the learned counsel for the petitioner to claim that there has been no sexual mischief committed by the petitioner against her and that, the report does not reveal so. Considering the above facts and submissions of learned counsel for the respective parties and as it is a case of elopement of the victim with the petitioner and though, she is a minor and her consent is no consent in the eye of law and for the fact that investigation is concluded with the chargesheet filed, this Court is inclined to release him on bail with following conditions.

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Hence, it is ordered.

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In the result, the petition under Section 483 BNSS stands disposed of with a direction to release the petitioner on bail in connection with Sector-3 P.S. Case No.120 of 2024 corresponding to Special G.R. Case No.74 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 Ad-hoc Additional District & Sessions Judge, (FTSC), POCSO, Rourkela, who

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shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case.

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The BLAPL is disposed of.

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

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Alok (R.K. Pattanaik)

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Judge

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Signature Not Verified

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Digitally Signed Signed by: ALOK RANJAN SETHY Designation: Asst. Registrar-Cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT Date: 04-Mar-2025 19:29:53

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Babulu Tandi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Babulu Tandi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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