Sansar Gochhayat v. State of Odisha
Case brief
What is this about?
Orissa High Court, Cuttack - BLAPL No.9380 of 2024, decided 06.01.2025 by R.K. Pattanaik (single-Judge order). Bail application under Section 483 BNSS by petitioner Sansar Gochhayat, in custody since 22.06.2024, seeking release in connection with Special (POCSO) Case No.34 of 2024 corresponding to Banarpal P.S. Case No.90 of 2024, Angul, involving a minor victim aged about 17 years and some months. Victim's statement under Section 180 BNSS recorded travel to Bhubaneswar and Hyderabad, a resort stay of about one month, and physical relationship under the impression of marriage; a missing report had been lodged after the elopement. Considering the elopement, the minor's involvement and that a substantial part of the investigation was complete, the Court allowed the petition: release on bail on a Rs.40,000/- bond with one solvent surety, further conditions left to the Addl. District Judge-cum-Special Court under POCSO Act, Angul, including that the petitioner shall not cause any harm to the victim while on bail. Counsel argued no prima facie case under Section 376 IPC; the Court did not adjudicate that point as a holding. Advocates: A.K. Nath (petitioner); P.K. Mohanty, AGA (State).