IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.8906 of 2024 Sumanta Pradhan …. Petitioner Mr. A.K. Budhia, Advocate -Versus-

State of Odisha …. Opposite Party Mr. T.K. Acharya, ASC CORAM:

MR. JUSTICE R.K. PATTANAIK ORDER Order

27.01.2025 No.

04. 1. Heard Mr. Budhia, learned counsel for the petitioner and Mr. Acharya, learned ASC for the State.

2. Instant petition is filed for release of the petitioner on bail in connection with Special G.R. Case No.173 of 2022 arising out of Bisra P.S. Case No.135 of 2022 pending in the file of learned Adhoc Additional District & Sessions Judge (FTSC) (POSCO), Rourkela on the grounds stated therein.

3. Perused the FIR as at Annexure-1 and the rejection order i.e.

Annexure-2.

4. Mr. Budhia, learned counsel for the petitioner submits that the petitioner is a young boy aged about 19 years and is alleged of having committed mischief but then was in a relationship with the victim and under the circumstances narrated in the FIR, the report was lodged. It is submitted that the victim is aged about 19 years and the relationship was consensual but with exaggerated allegations, the FIR was lodged, wherefor, the petitioner is in judicial custody from 23rd September, 2024, hence, with the closure of investigation in the month of November, 2024, he should be granted bail with any conditions.

5. Mr. Acharya, learned ASC for the State objects to the release of the petitioner on bail on the ground that the victim was sexually assaulted without her consent and that apart, he is alleged to have viralled the video of the sexual act so revealed from the record.

6. Gone through the true copies of the statements of the victim and others recorded under Section 161 Cr.P.C. The victim was medically examined later on. As per her medical examination report, there was no any sign or symptom of sexual intercourse or any trace suggestive of forcible sexual intercourse. From the FIR, the Court finds that the victim was in love with the petitioner from the college days and thereafter, both moved together couple of occasions and during one such encounters, she was subjected to the sexual mischief. The details of the mischief committed by the petitioner stand narrated by the victim in her statement under Section 161 Cr.P.C, it is alleged that the petitioner threatened the victim to viral a video of her. However, nothing is produced before the Court to show any such video to have ever been viralled at the instance of the petitioner. Mr. Acharya, learned ASC for the State, however, would submit that a mobile handset of the petitioner was seized. Considering the circumstances before lodging of the report revealed from the record and the fact that the parties have known to each other but towards the end, after the relationship was strained, the report was lodged, the Court is of the view that the petitioner, who is in custody, since date of arrest, should be allowed to go on bail with conditions.

7. Accordingly, it is ordered.

8. In the result, the petition stands allowed. As a necessary corollary, the petitioner is directed to be released on bail in connection with Special G.R. Case No.173 of 2022 arising out of Bisra P.S. Case No.135 of 2022 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 Adhoc Additional District & Sessions Judge (FTSC) (POSCO), Rourkela, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case, besides the following, such as, he shall not cause any harm to the victim, while on bail.

9. Urgent certified copy of this order be granted as per rules.

(R.K. Pattanaik)

Judge Rojina Signature Not Verified Digitally Signed Signed by: ROJINA SAHOO Designation: Junior Stenographer Reason: Authentication Location: OHC, CTC Date: 28-Jan-2025 12:01:22