Arati Kusulia vs State Of Odisha .... Opposite Party
2025 Latest Caselaw 7038 Ori

Orissa High Court

Arati Kusulia vs State Of Odisha .... Opposite Party on 15 April, 2025

Author: V. Narasingh

Bench: V. Narasingh

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                          ABLAPL No.4100 of 2025

        Arati Kusulia                     ....           Petitioner
                                         Mr. S.S. Ray (2), Advocate


                                  -versus-

        State of Odisha                   ....     Opposite Party
                                               Mr. C.R Swain, AGA


                       CORAM: JUSTICE V. NARASINGH
                                     ORDER

15.04.2025 Order No.

01. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

2. The Petitioner is seeking pre-arrest bail in connection with T.R. Case No.24(A)/2022 pending in the Court of learned Addl. District & Sessions Judge- cum-P.O. Spl. Court, POCSO Act, Rayagada, arising out of Ambadola P.S. Case No.68 of 2022 for commission of offence punishable under Sections 363/366/370-A IPC read with section 9/10/11 of Prohibition of Child Marriage Act, 2006.

3. It is submitted by the learned counsel that the allegation against the Petitioner is that she took the victim along with her and got her married to one Binod Yadav. The said accused faced trial and was acquitted by judgment dated 20.10.2023 by the learned Addl. Sessions Judge-cum-Special Court under POCSO Act, Rayagada in T.R No.24 of 2022.

4. Referring to the said judgment, which is on record, it is stated that on bare perusal, it can be seen that the victim-P.W.6 did not support the case of the prosecution. In such background, the Petitioner being a lady, may be protected by pre-arrest bail. And, it is stated that the Petitioner has no criminal proclivity.

5. Learned counsel for the State opposes such prayer and submits that this Court by order dated 06.07.2023 rejected the ABLAPL of the present Petitioner in ABLAPL No.5785 of 2023. Hence, she ought not to be released on pre-arrest bail.

6. Learned counsel for the Petitioner submits that the judgment of acquittal of the co-accused on which reliance is placed was passed on 20.10.2023 after the disposal of the earlier bail application of the Petitioner and even otherwise, there is no embargo on moving a successive bail application and more so in the case of anticipatory bail.

7. Taking into account the judgment of the acquittal which is on record and that victim- P.W.6 has not supported the prosecution, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed subject to verification of criminal antecedent of any nature.

8. If it comes to fore that the Petitioner has any criminal antecedent, this order shall not be given effect to.

9. Before releasing the learned Court shall verify as to whether this order has been assailed before the Apex Court and if so, the result thereof.

10. It is needless to state that the Petitioner shall cooperate with the ongoing investigation.

11. Accordingly, the ABLAPL stands disposed of.

(V. NARASINGH) Judge Soumya

Signed by: SOUMYA RANJAN SAMAL

Location: High Court of Orissa Date: 16-Apr-2025 20:22:00