Orissa High Court
Abhay @ Abhimanyu Rout vs State Of Odisha .... Opposite Party on 5 March, 2025
Author: R.K. Pattanaik
Bench: R.K. Pattanaik
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.9625 of 2024
Abhay @ Abhimanyu Rout .... Petitioner
Mr. D.K. Sahoo, Advocate
-Versus-
State of Odisha .... Opposite Party
Mrs. U. Padhi, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
Order 05.03.2025
No.
03. 1. Heard learned counsel for the petitioner and State.
2. Instant petition under Section 483 BNSS is filed seeking
release of the petitioner on bail in connection with G.R. Case
No.1377 of 2024 pending in the file of learned S.D.J.M.,
Kendrapara corresponding to Jamboo Marine P.S. Case No.89 of
2024 on the grounds stated.
3. Gone through the FIR as at Annexure-1.
4. In course of hearing, learned counsel for the petitioner
submits that with the closure of investigation, the chargesheet was
filed on 5th October, 2024 against the petitioner and co-accused,
namely Goutam Samal. The informant victim has alleged rape
against both the accused persons, hence, a case under Section 70(1)
BNSS was registered. The details of the circumstances under which
the sexual mischief was committed by the petitioner and the co-
accused has been narrated in the FIR.
5. Learned counsel for the petitioner submits that the victim
initially declined to medical examination and while claiming so, a
copy of the medical examination report dated 16th July, 2024 is
produced for the Court's perusal. In fact, the informant victim was
subsequently examined on police requisition on 22nd July, 2025. A
copy of the medical examination report of the victim is also made
available and upon perusal of the same, the Court finds that there
was no such evidence suggestive of forceful sexual intercourse
noticed, however, with an observation that possibility of sexual
violence cannot be ruled out. The petitioner is alleged to be one of
the accused, who perpetrated the crime but then, the alleged
incident had taken place on 1st July, 2024 and was reported on 15th
July, 2024 after about 14 days. The victim is a married lady. In
course of hearing, the conduct of the victim is brought to the notice
of the Court with a copy of the judgment in ST Case No.144 of
2024. Having regard to the fact that the parties are known to each
other and immediately after the alleged incident, it was not
reported, as the FIR was lodged on 15th July, 2024 and that apart,
the victim was not immediately examined rather she declined for
the same and at last, such examination was held on 22nd July, 2024
which is almost after 20-21 days from the date of occurrence and in
the meantime, upon closure of investigation, the chargesheet is filed,
under such circumstances, without expressing any opinion on merits
of the case which could affect the trial and considering the
submission of learned counsel the petitioner and objection of State,
the Court is inclined to direct the petitioner to go on bail with
stringent conditions.
6. Accordingly, it is ordered.
7. In the result, the petition under Section 483 BNSS stands
allowed. Consequently, the petitioner is directed to be released on
bail in connection with G.R. Case No.1377 of 2024 arising out of
Jamboo Marine P.S. Case No.89 of 2024 subject to him furnishing a
bail bond of Rs.50,000/- (rupees fifty thousand) with one solvent
surety for the like amount to the satisfaction of the learned S.D.J.M.,
Kendrapara, who shall be at liberty to impose such other suitable
conditions besides the following, such as, he shall not cause any
harm to the informant victim after being released.
8. The BLAPL is disposed of.
9. Urgent certified copy of this order be granted as per rules.
(R.K. Pattanaik)
Judge
TUDU
