Mantu Bidika Vs State of Odisha

Instant petition under Section 439 Cr.P.C. is filed for release of the petitioner on bail in connection with G.R. Case No.282 of 2024 pending in the file of learned J.M.F.C, Laxmipur corresponding to Bandhuagaon P.S. Case No.60 of 2024 on the grounds stated therein.

Learned counsel for the petitioner submits that the petitioner has been in judicial custody for six months and in the meantime, the chargesheet is filed and considering the fact that there has been a relationship between him and the informant and that for the reason stated, report was lodged, he should be allowed to go on bail on any conditions as would be imposed by the Court.

Mr. Pradhan, learned ASC for the State, on the other hand, opposed release of the petitioner on bail since he is responsible for the sexual expatriation of the victim so revealed from the FIR.

Page 1 of 3

Perused the FIR and other police papers. The chargesheet is filed in the month of October, 2024, a copy of which is also made available by the State. As it appears from the materials on record, the petitioner developed relationship with the victim and it was on a promise of marriage in future. It is further revealed from the FIR and chargesheet that the parties maintained sexual relationship which was allegedly with such a promise of marriage and at last, the petitioner declined to honour the same. Perused the statement of the victim recorded under Section 164 Cr.P.C. The evidence collected during investigation suggests that such a relationship was developed between the parties and it was on the premise of their marriage which was finally declined by the petitioner. It appears that the victim was pregnant on account of such a relationship. Having regard to the above facts and that there was a relationship between the petitioner and informant, a major aged about 20 years and for the fact that the petitioner is in custody since the date of arrest and in the meantime, investigation is over, the Court is inclined to direct him to go on bail with the following conditions.

In the result, the petition under Section 439 Cr.P.C. stands allowed. Consequently, the petitioner is directed to be released on bail in connection with G.R. Case No.282 of 2024 arising out of Bandhuagaon P.S. Case No.60 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 J.M.F.C, Laxmipur, who shall impose such other suitable conditions as deemed just and proper in the facts and circumstance of the case besides the following, such as, he shall not cause any harm to the victim in any manner, whatsoever, while on bail.

Page 2 of 3

Rojina