Orissa High Court
Bikram Gahir vs State Of Odisha .... Opposite Party on 24 February, 2025
Author: R.K. Pattanaik
Bench: R.K. Pattanaik
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.1322 of 2025
Bikram Gahir .... Petitioner
Mr. S.N. Mishra 4, Advocate
-Versus-
State of Odisha .... Opposite Party
Mr. R. Pradhan, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
24.02.2025
Order No.
01. 1. Heard learned counsel for the petitioner and State.
2. Instant petition is filed for release of the petitioner on bail
in connection with C.T. Case No.14 of 2025 arising out of
Bhawanipatna Sadar P.S. Case No.09 pending in the file of learned
SDJM, Bhawanipatna, on the grounds stated therein.
3. The accused is alleged of having committed offence under
Section 69 BNS for having given promise to the victim to marry and
thereafter, abandoning her. The accused is alleged of having
committed other offences as well. A copy of the statement of the
victim on record under Section 161 BNS is produced today in Court
and the same is perused. It is claimed that the victim is a married
lady and not yet divorced and fully knowing the consequence, she
kept relationship with the petitioner, who is in custody from 11th
January, 2025. Learned counsel for the petitioner relies on a
judgment in CRLMC No.754 of 2022 dated 3rd July, 2023 and of
the Supreme Court reported in (2024) 94 OCR (SC)-597 to claim
that no case of rape is made out but then the offence is one under
Section 69 BNS with the allegation that physical relationship was
developed and maintained with the promise of marriage which did
not materialize. The allegation is that consent of the victim was
obtained by fraud without any intention to marry her. Considering
the nature of allegations as made reveal from record and version of
victim recorded under Section 180 BNSS, the fact that the marriage
between the parties could not take place allegedly at the instance of
the accused, the Court, having regard to the above facts and that he
is in custody from the date of arrest, is inclined to release him on
bail with following conditions.
4. Accordingly, it is ordered.
5. In the result, the petition stands allowed. As a necessary
corollary, the petitioner is directed to be released on bail in
connection with C.T. Case No.14 of 2025 arising out of
Bhawanipatna Sadar P.S. Case No.09 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 SDJM,
Bhawanipatna, who shall impose such other 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 or injury to the
victim in any manner, whatsoever, while on bail and to attend the
PS once in a fortnight and to report the I.O. for the purpose of
investigation and to continue to do so, till the same is concluded.
6. Urgent certified copy of this order be granted as per rules.
(R.K. Pattanaik)
Judge
Rojina
Designation: Junior Stenographer
