Samir Bag Vs State of Odisha

1 . The petitioner is an accused in connection with Laxmijore P.S. Case No.75 of 2025 corresponding to Special G.R. Case No.65 of 2025 registered for the alleged commission of the offences punishable under Sections 64(2)(m)/65(1) of the BNS, 2023 r/w Sections 4/6 of the POCSO Act, pending in the Court of the learned Additional District Judge-cum-Special Judge (POCSO), Bolangir. The petitioner had approached the learned A.D.J.-cum-Special Judge under POCSO Act, Balangir in Special G.R. Case No.65 of 2025 praying for grant of bail. The learned Court below vide its order dated 29.01.2026 rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 483 of BNSS, 2023 praying for enlargement on bail.

¶14

2. Learned counsel for the petitioner, on instruction from

¶15

Page 1 of 4

¶16

the petitioner, submits that except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R.

¶17

3. The prosecution case is that the complainant reported at the P.S. that the Child Help Line staffs had rescued one minor girl from the house of the petitioner, who was sexually exploited by the alleged person during her stay in his house. Thereafter, the staff of Child Help Line kept her in one sakhi centre for her safety. On 24.12.2025, the Child Help Line staff produced the victim before the CWC, Balangir for her counseling. But they came to know that the victim girl was motivated by the alleged person and she was pregnant by then. Hence, the case.

¶18

4. The petitioner has been in the custody since 25.12.2025. In the meantime, the notice was issued to the informant. The mother of the informant has filed an affidavit, inter alia , stating as under:

¶19

“2. That during the pendency of the case, a

¶20

meeting was convened with the intervention of our well-wishers and the family of the accused, wherein both families mutually discussed the matter and decided to amicably resolve their disputes outside the Court.

¶21

3. That pursuant to such settlement, we have accepted the marriage proposal of the accused for our daughter, which was put forth by the family of the accused.

¶22

4. That it has been mutually agreed between both families that the marriage between our daughter/ victim and the accused shall be solemnized after she attains the age of majority.”

¶23

5. Mr. Mahadev Sahu, learned counsel appearing for the

¶24

Page 2 of 4

¶25

victim submits that the affidavit filed by the mother of the victim girl is on her free will and without coercion.

¶26

6. Vide order dated 30.04.2026, this Court directed the learned State counsel to verify the authenticity of the said affidavit. Pursuant to the said order, the report dated 07.05.2026 placed by the IIC, Laxmijor Police Station, which reads thus:

¶27

“With reference to the case and subject cited above I have the honour to submit that, I have verified the affidavit filed by the petitioner locally and found that the petitioner has execute the affidavit before the Notary, Karunakara Sadangi, Balangir having affidavit Sl. No.1706, Dt. 29.04.2025 was true and Sri Mahadeb Sahu, Advocat e having enrollment No.347/2009 was identify the petitioner before Notary. Further the petitioner produce a written consent report regarding submission of the said Affidavit. The written consent report of petitioner is submitted to the Hon’ble Court for kind perusal and enclosed herewith.”

¶28

7. Regard being had to the nature of allegation against the petitioner and the fact that the mother of the informant has filed an affidavit before this Court stating that the matter has been amicably resolved outside the Court and the parents have agreed to get the victim married to the petitioner at right time and the period of his custody since 25.12.2025, I am inclined to enlarge the petitioner on bail.

¶29

8. Hence, the petitioner is directed to be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions:

¶30

Page 3 of 4

¶31

(i) He shall not leave the jurisdiction of the trial Court till the disposal of the trial;

¶32

(ii) He shall appear before the trial Court on each date on which the case is posted for trial without fail;

¶33

(iii) He shall not tamper with the evidence in any manner whatsoever;

¶34

(iv) He shall not commit any offence while on bail, and

¶35

(v) He shall be released on bail subject to verification of similar type of antecedents.

¶36

In the event the petitioner is found wanting for violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the prosecution is at liberty to move appropriate application before the Court below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit.

¶37

9. The BLAPL is accordingly disposed of.

¶38

Subhasis

¶39

(S.S. Mishra) Judge

¶40

Signature Not Verified

¶41

Digitally Signed Signed by: SUBHASIS MOHANTY Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 14-May-2026 10:54:49

¶42

Page 4 of 4

Samir Bag v. State of Odisha

Case brief

What is this about?

What did the court decide?

Samir Bag v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Amarnath Behera Vs State of Odisha

Kunja Bihari Das @ Goi Das Vs State of Odisha

Sushil Bagarti Vs State of Odisha

Wipro Ltd. Vs Prasana

M.K.Raghunathan Vs Niranjan

Jadunath Das Mohapat Vs Authorised Officer