Orissa High Court
Sk. Sahil vs State Of Odisha And Another …. … on 12 May, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.4203 of 2025
Sk. Sahil .... Petitioner(s)
Mr. Sanjib Kumar Bhanjadeo, Advocate
-versus-
State of Odisha and another .... Opposite Party(s)
Mr. Gyanaloka Mohanty, SC
Mr. Sashidhar Ranjit, Advocate for the informant
CORAM: JUSTICE SIBO SANKAR MISHRA
ORDER
12.05.2025
Order No.
01. 1. This is an application under Section 439 Cr.P.C.
2. The petitioner is an accused in connection with Marine
P.S. Balaramgadi P.S. Case No.48 of 2024 corresponding to Special
Case No.89 of 2025 registered on the allegation of the commission
of offences under Sections 137(2)/87/64 of BNS, 2023 read with
Section 6 of the POCSO Act, pending in the Court of the learned
ADJ-cum-Special Court under POCSO Act, Balasore.
3. The petitioner had approached the learned Court below
praying for grant of bail. The learned Court below vide its order
dated 09.04.2025 has rejected the bail application of the petitioner.
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Being aggrieved, the petitioner has filed the present petition under
Section 439 Cr.P.C. praying for enlargement on bail.
4. Learned counsel for the petitioner, on instruction from 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.
5. The prosecution case in short is that, on 13.11.2024, the
informant being the father of the victim lodged a written report
before the Marine Balaramgadi P.S. inter alia alleging therein that
on 12.11.2024, with assurance of marriage, the petitioner had
kidnapped his minor daughter. Hence, this case.
6. On advance notice, Mr. Sashidhar Ranjit, learned counsel
entered appearance and files Vakalatnama on behalf of the
informant as well as the victim. The informant being the father of
the victim has filed an affidavit dated 10.05.2025 inter alia stating
as under:-
“2. That, I lodge FIR against Sk Sahil, S/O SK Jamun
Vill/Po/P.S.- Dhamnagar, Dist-Bhadrak on 13.11.24
due to my mental imbalance. SK Sahil got married to
my daughter Ajauman Khatoon aged about 18 years,
as per muslim law and when both are lead happy
conjugal life, SK Sahil apprehended by the police and
he is remain custody more than one month, if he will
release on bail I have no objection.”
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7. The victim in the present case has also filed an affidavit
dated 10.05.2025 inter alia stating as under:-
“That, I got married to Sk. Sahil, S/o-Sk. Jamun
of Vill/Po/P.S.-Dhamnagar, Dist-Bhadrak as per
Muslim law and lead happy conjugal life with my
husband. My father lodged an F.I.R. against my
husband which is registered Balaramgadi marine
P.S. No.48/24 which is correspondent to special
case no.89 of 2025 now it is subjudice before the
special Court POCSO, Balasore. Now my
husband inside the jail custody. I will be happy if
he is released on bail and I lead conjugal life with
him. I have no objection if my husband released
on bail.”
8. Learned counsel for the petitioner submits that although
the allegations are serious but the fact reveals that the petitioner and
the victim have already married. To that effect, affidavit has been
filed not only the victim but also the informant, who is the father of
the victim. The petitioner is in custody since 28.03.2025.
9. Learned counsel for the State opposes the prayer for bail
on the ground that the victim is 17 years of age.
10. I have perused the statement of the victim recorded under
Section 164 Cr.P.C. She in her statement has categorically stated
that she has been relationship with the petitioner. Subsequently,
since the petitioner has already married with the victim girl, so as to
save the marriage between the petitioner and the victim, I am
inclined to enlarge the petitioner on bail.
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Hence, the petitioner is directed to be released on bail by
the 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:-
(i) The petitioner shall not leave the jurisdiction of the trial
Court till disposal of the trial.
(ii) He shall appear before the trial Court on each date on
which the case is posted for trial, and
Violation of any of the conditions shall entail consideration
for cancellation of the bail granted to the petitioner. In the event,
any of the bail conditions are violated by the petitioner, the
prosecution is given liberty to move appropriate application before
the Court below for recalling the concession of bail. If such
application is moved, the trial Court should decide the application
on its own merit.
11. The BLAPL is accordingly disposed of.
(S.S. Mishra)
Judge
Swarna
Signature Not Verified
Digitally Signed
Signed by: SWARNAPRAVA DASH
Designation: Senior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 13-May-2025 11:26:33
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