Orissa High Court
Mohan Sahoo vs State Of Odisha …. Opposite Party on 5 August, 2025
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.10053 of 2024
Mohan Sahoo .... Petitioner
Mr. B.K Nayak(3), Advocate
-versus-
State of Odisha .... Opposite Party
Mr. C.R. Swain, AGA
CORAM: JUSTICE V. NARASINGH
ORDER
05.08.2025
Order No.
02. 1. Heard learned counsel for the Petitioner and
learned counsel for the State.
2. The Petitioner is seeking pre-arrest bail in
connection with Spl. G.R. Case No.60 of 2024 pending
in the Court of learned Addl. Sessions Judge-cum-
Special Court under the POCSO Act, Nayagarh arising
out of Odagaon P.S. Case No.251 of 2024 for
commission of offence punishable under Sections
363/366/376(2)(n)/506/34 of IPC read with Sec. 6 of
the POCSO Act, 2012.
3. Learned counsel for the Petitioner referring to
the incongruity between the 161 statement and the
statement of the victim recorded under Section 164
Cr.P.C as well as the statement of the brother and the
institution of litigation for institution of conjugal rights,
submits that after receiving notice in the said
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proceeding, the Petitioner has been falsely implicated.
Hence, the Petitioner may be protected by pre-arrest
bail.
4. Learned counsel for the State opposes the
prayer.
5. Taking into account the statement of the victim
recorded under Section 164 Cr.P.C statement, this
Court is not inclined to entertain the application for
pre-arrest bail. However, in the event the Petitioner
surrenders before the learned Court in seisin in the
aforesaid case and move an application for his release
on bail, the same shall be considered on its own merit.
6. Learned Court in seisin is requested to make an
endeavour to dispose of the same on the same day,
needless to state after following the due procedure of
law and considering the ground of parity, if so urged.
7. Accordingly, the ABLAPL stands disposed of.
(V. NARASINGH)
Judge
Soumya
Signature Not Verified
Digitally Signed
Signed by: SOUMYA RANJAN SAMAL
Reason: Authentication
Location: High Court of Orissa
Date: 05-Aug-2025 20:03:22
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