Gulsan Digal Vs State of Odisha

FIR	Dated	Police	Case	No. and	Sections
No.		Station	Courts’	Name
0116	25.06.2025	Daringib	Arising	out of	Sections
		adi	Daring	badi P.S.	498(A)/376(2)(
			Case	No.116 of	n)/323/294/49
			2025 in	connection	4/506/34 of
			with	C.T. Case	I.P.C. and
			No.35	of pending	under Section
			before	the learned	6 of the
			Additio	nal District	POCSO Act

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and Sessions
Judge-cum-Special
Court under
POCSO Act,
Phulbani

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This matter is taken up through hybrid arrangement.

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Heard learned counsel for the Parties.

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The petitioner, currently in judicial custody in connection with C.T. Case No.35 arising out of Daringbadi P.S. Case No.116 of 2025 pending before the learned Additional District and Sessions Judge-cum-Special Court under POCSO Act, Phulbani, registered for alleged offences under Sections 498(A)/376(2)(n)/323/294/494/506/34 of I.P.C. and under Section 6 of the POCSO Act, has filed the present application seeking release on bail.

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The brief fact of the case is that on 25.06.2025, the informantcum-victim lodged an F.I.R. at Daringbadi Police Station alleging therein that she was about 15 years and was pursuing her study in Class-IX. The Petitioner had been keeping physical relationship with her with false assurance without her consent. When her parents knew about the matter, they went to the

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house of the Petitioner along with the village gentries. Thereafter, the Petitioner admitted his guilt and kept her. Then they resided as husband and wife and they were blessed with a girl child. Subsequently, the Petitioner along with her in-laws tortured her and demanded dowry. Hence, she came back to her parents’ house along with the child. After some years, her husband had married to another girl. Then she lodged the F.I.R.

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Learned counsel for the petitioner submits that since the Petitioner and the informant were married and there was some bad terms with them because of some issues, the informant has lodged F.I.R. against the present Petitioner. It is further submitted that the charge-sheet has been filed in this case. He further submits that the Petitioner is in custody since 25.06.2025. Accordingly, it is prayed that the Petitioner be released on bail. 6. Learned counsel for the State vehemently opposes the prayer for bail, emphasizing the seriousness of the allegations.

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Without delving into the intricacies of the case or the merits of the allegations, and in light of the facts and circumstances at hand and since the matters pertains to personal disputes, this

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Court is of the view that the petitioner should be granted bail by the learned court in seisin over the matter. However, such release shall be conditioned upon stringent terms and conditions, as the learned court deems fit and just. The conditions are as follows:-

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i. The petitioner shall appear before the trial court on

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each date of posting of the case.

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ii. The petitioner shall not indulge himself in any criminal offence while on bail.

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iii. The petitioner shall not tamper with the evidence or intimidate the prosecution witnesses in any manner.

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iv. The Petitioner, shall plant 100 saplings each of local varieties, such as mango, neem, tamarind, etc., around his village on Government land, community land, or private land in the possession of the Petitioner or his family members. In the event that suitable land is unavailable, the Revenue Authority shall assist in identifying the land for plantation.

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Violation of any of the above conditions shall lead to cancellation of the bail.

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The District Nursery/D.F.O. shall extend the helping hand by supplying the saplings to the Petitioner and the Revenue Authority shall assist the Petitioner in identifying the location for plantation of the saplings. If the land is not available, the Petitioner to approach the Revenue Authority for identifying the land for plantation and the Revenue Authority shall do the needful.

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The I.I.C. of the concerned Police Station in coordination with the local Forest Officer shall monitor; whether the Petitioner has planted the saplings or not.

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It is further made clear that the Petitioner shall file an affidavit after plantation of the saplings before the local Police Station assuring that he shall maintain those plants for two years. 11. The BLAPL is, accordingly, disposed of.

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(Dr. Sanjeeb K Panigrahi)

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Signature Not Verified

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Digitally Signed

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Sumitra

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Signed by: SUMITRA NAYAK Reason: Authentication Location: High Court of Orissa, C utta ck Date: 23-Sep-2025 17:23:30

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Judge