Sunil Naik Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2025)

Sunil Naik Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2025)

What the court decided

AI extract

Outcome

Petitioner to be released on bail in connection with Special G.R. Case No. 23 of 2024 arising out of Kantabanji P.S. Case No. 91 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-Special Judge under POCSO Act, Balangir, who may impose other suitable conditions; petitioner shall attend the trial on each date of posting till its conclusion.

Issue for consideration

Whether the petitioner, Sunil Naik, should be released on bail under Section 483 BNSS in connection with Special G.R. Case No. 23 of 2024 arising out of Kantabanji P.S. Case No. 91 of 2024, pending before the Additional Sessions Judge-cum-Special Judge under POCSO Act, Balangir.

Court's answer

Considering that the victim had already been examined in trial, the trial was unlikely to be concluded in the near future, the matter was one of elopement though involving the victim, and the length of custody of the petitioner, the Court was inclined to grant bail.

Ratio / Principle

The petition under Section 483 BNSS stands allowed and the petitioner is directed to be released on bail in connection with Special G.R. Case No. 23 of 2024 arising out of Kantabanji P.S. Case No. 91 of 2024, subject to furnishing a bail bond of Rs.40,000/- with one solvent surety for the like amount and attending the trial on each date of posting till its conclusion, with liberty to the trial Judge to impose other suitable conditions.

Detailed headnote1 paragraphs

Bail — Section 483 BNSS — Orissa High Court (Justice R.K. Pattanaik), order dated 11.03.2025 in BLAPL No.76 of 2025: petition of Sunil Naik for bail in Special G.R. Case No. 23 of 2024 arising out of Kantabanji P.S. Case No. 91 of 2024, pending before the Additional Sessions Judge-cum-Special Judge under POCSO Act, Balangir, ALLOWED. Grounds: the victim (P.W.2), aged about 15 years at the time of the alleged occurrence, had already been examined during trial; the trial was unlikely to conclude in the near future; the F.I.R. was lodged by the informant mother after the victim went missing; the matter was regarded as a case of elopement though involving her; and the petitioner had been in custody from 10th March, 2024. Bail granted on furnishing a bail bond of Rs.40,000/- with one solvent surety for the like amount, with an undertaking to attend trial on each date of posting till conclusion; trial Judge free to impose further suitable conditions. Notice to the informant could not be confirmed served owing to State's delay/default; Court nonetheless disposed of the petition.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.76 of 2025

Sunil Naik

…. Petitioner

Mr. S.K.Dwibedi, Advocate

-Versus-

State of Odisha & another …. Opposite Parties

Mr. U.R. Jena, AGA

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

11.03.2025

Order No.

Heard learned counsel for the petitioner and State.

Notice was issued but there has been no instruction received regarding service of the same on the informant. However, considering the delay and default on the part of the State in that regard, the Court is inclined to dispose of the petition by the following order.

Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with Special G.R. Case No. 23 of 2024 arising out of Kantabanji P.S. Case No. 91 of 2024 pending in the file of learned Additional Sessions Judgecum-Special Judge, under POCSO Act, Balangir on the grounds stated therein.

A certified copy of the deposition of the victim examined as P.W.2 in Special G.R. Case No. 23 of 2024 is produced and Mr. Dwibedi, learned counsel for the petitioner would submit that the parties lived together for some days and

Page 1 of 2

returned back and thereafter, the incident was reported at the local P.S. The victim was aged about 15 years by the time of alleged occurrence. The F.I.R. was lodged by the informant mother after the victim went missing. The petitioner is in custody from 10^th March, 2024. Since the victim is already examined in the meantime during trial and the same is unlikely to be concluded in near future and regard being had to the fact that it is a case of elopement though involving her, the Court, considering the same and length of custody of the petitioner, is inclined to grant him bail with following conditions.

5. 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 Special G.R. Case No. 23 of 2024 arising out of Kantabanji P.S. Case No. 91 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-Special Judge, under POCSO Act, Balangir, who shall be at liberty to 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 attend the trial on each date of posting and not to default, till the same is concluded.

7. The BLAPL is disposed of.

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

Signature Not Verifiedkabita

Digitally Signed Signed by: KABITARANI MAJHI Reason: Authentication Location: OHC,Cuttack Date: 12-Mar-2025 13:10:16

(R.K. Pattanaik) Signed by: KABITARANI MAJHI Judge

Page 2 of 2