Ganesh Patra Vs State of Odisha

Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioner in connection with Jajpur Road P.S. Case No.8 of 2026 pending in the file of learned Additional District & Sessions Judge-cum-Special Court under POCSO Act, Jajpur corresponding to C.T. (Spl.) POCSO Case No.4 of 2026 on the grounds stated.

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Perused the FIR as at Annexure-1. Recorded the submissions of learned counsel for the respective parties. Mr. Baral, learned counsel for the petitioner submits that there has been no sexual mischief committed by the petitioner and for the alleged incident, no F.I.R. was lodged either. The further submission is that for the subsequent incident, the report was

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lodged alleging sexual mischief by the petitioner in the earlier incident. Recorded the objection of Mr. Pattnaik, learned counsel for the informant, according to whom, there was an attempt to commit rape on the victim at the instance of the petitioner. Learned counsel for the State submitted the case diary and also the victim’s statement recorded before a Magistrate under Section 183 BNSS. From the said statement, it is made to suggest that the petitioner secretly entered inside the house of the informant and tried to sleep by her side and at that time, she raised alarm and could identify him. Admittedly, the victim is a minor aged about 16 years. For the above incident as further made to appear from her statement under Section 183 BNSS that there was a dispute between the families leading to the lodging of the F.I.R. Considering the materials on record, submissions of learned counsel for both the sides including Mr. Pattnaik, learned counsel for the informant and that the petitioner though a married person but no sexual mischief is alleged to have been committed by him during the incident though it was an attempt, this Court not inclined to consider his plea for pre-arrest bail pending investigation, but is of the view that he should instead be directed to surrender before the learned court below for being released with stringent conditions imposed.

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Accordingly, it is ordered.

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In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioner surrenders

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before the court of learned Additional District & Sessions Judge-cum-Special Court under POCSO Act, Jajpur within a fortnight from today, it is directed that he shall be released on bail in connection with C.T. (Spl.) POCSO Case No.4 of 2026 corresponding to Jajpur Road P.S. Case No.8 of 2026 on furnishing a bail bond of Rs.40,000/-(rupees forty thousand) with one solvent surety for the like amount with the following conditions such as he shall not commit any further mischief involving the victim and to stay away from her; that he shall not cause any harm or injury to the victim, a minor and also any of her family members and to furnish an undertaking at the P.S. in that regard; and at the same time, to cooperate the I.O. in the investigation without default.

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