Aseem Ray Vs State of Odisha

Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with C.T. Case No.2146 of 2024 corresponding to Bhubaneswar Infocity P.S. Case No.578 of 2024 pending in the file of learned J.M.F.C.-II, Bhubaneswar on the grounds stated therein.

¶18

Perused the F.I.R. as at Annexure-1 and the rejection order i.e. Annexure-2 respectively.

¶19

Gone through the contents of the F.I.R. as at Annexure-1.

¶20

Mr. Dhal, learned Senior Advocate for the petitioner submits that the victim was in a consensual relationship with the petitioner, who has been arrested and is in custody from 12^th December, 2024. It is further submitted that the victim has lodged similar complaint against one Narayan Prusty, in connection with which, Bhubaneswar Mahila P.S. Case No. 37 dated 18^th February,

¶21

Page 1 of 3

¶22

2025 has been registered. With the submission that the petitioner allegedly promised the victim of marriage and kept in relationship, the F.I.R. was lodged, however, with an allegation of rape and considering the same and as he has remained in custody ever since arrested, the Court should allow him to go on bail with any conditions.

¶23

Recorded the objection of Mr. Jena, learned AGA for the State.

¶24

From the Court’s order in I.A. No. 141 of 2025, dated 3^rd February, 2025, it is found that the petitioner was allowed to go on interim bail. Mr. Dhal, learned Senior Advocate submits that the petitioner has already surrendered before the learned Court below. A copy of the surrender certificate is filed and the same is at Flag-C.

¶25

Considering the submissions of Mr. Dahal, learned Senior Advocate for the petitioner and Mr. Jena, learned AGA for the State and taking into account the statement of the victim recorded under Section 161 Cr.P.C. and other witnesses during investigation and the circumstances leading to the lodging of the F.I.R. i.e. Annexure-1, the Court finds that she was in a relationship with the petitioner, with a promise of marriage, which did not materialize. In such view of the matter, considering the allegations against the petitioner, who is in custody from 12^th December, 2024 and under the impression that substantial part of investigation to be over by now, the Court is inclined to direct him to go on bail with following conditions.

¶26

Accordingly, it is ordered.

¶27

In the result, the petition under Section 483 BNSS stands allowed. Consequently, the petitioner is allowed to go on bail in connection with C.T. Case No.2146 of 2024 arising out of Bhubaneswar Infocity P.S. Case No.578 of 2024 subject to him

¶28

Page 2 of 3

¶29

furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with one solvent surety for the like amount to the satisfaction of the learned J.M.F.C.-II, Bhubaneswar, who shall impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, he shall not cause any harm or injury to the informant/victim in any manner, whatsoever, after being released and to cooperate the I.O. in the investigation, till the same is concluded.

¶30

11. The BLAPL is disposed of.

¶31