Orissa High Court
Prasanta Pradhan @ Manoj @ Prasant vs State Of Odisha .......... Opposite ... on 25 April, 2025
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 2857 of 2025
Prasanta Pradhan @ Manoj @ Prasant
........ Petitioner
Mr. Subodh Kumar Mohanty, Adv.
-Versus-
State of Odisha .......... Opposite Party
Mr. Pradipta Satapathy, ASC
CORAM:
DR. JUSTICE S.K. PANIGRAHI
ORDER
25.04.2025 Order No.
01.
FIR Dated Police Case No. Sections
Station and Courts'
No.
Name
533 24.12.2024 Bellaguntha G.R. Case Section
No.1980 of 3(2)(b),4,5,6,7
2024 of Immoral
pending in Traffic Act
the court of and Section
learned 143 of BNS
S.D.J.M., Act.
Bhanjanagar
1. This matter is taken up through hybrid arrangement. Signature Not Verified Digitally Signed Signed by: LITARAM MURMU
2. Heard learned counsel for the Parties. Designation: Personal Assistant Reason: Authentication Location: OHC Date: 01-May-2025 20:07:32 2
3. The Petitioner being in custody in Bellaguntha P.S. Case No.533 of 2024 corresponding to G.R. Case No.1980 of 2024, pending in the court of the learned S.D.J.M., Bhanjanagar, registered for the alleged commission of offences under Section 3(2)(b),4,5,6,7 of Immoral Traffic Act and Section 143 of BNS Act, has filed this petition for his release on bail.
4. The prosecution case is that on 24.12.2024 at 12AM while he along with other staffs performing patrolling duty, got credible information regarding running of prostitution in new Lokanath Bhawan in front of Bindas Dhaba main road Bellaguntha. They also received information that the Petitioner had taken lease of the said Lokanath Bhawan. The police personnel reached the spot and entered inside the lodge at about 4.10 AM and they called a person who was sleeping in the reception room. On being asked, he disclosed his name as Roshan Sahu and stated that he had taken lease of the said Lokanath Bhawan from one Rashmita Panda for a period of one year on monthly rental basis. The police searched three rooms of said Lokanath Bhawan and detected seven persons in semi naked condition. They could find three condom packets, two manforce tablets and five numbers of unwanted tablets with two mobile phones Signature Not Verified Digitally Signed Signed by: LITARAM MURMU from the said rooms. In room No.205 they also found two male Designation: Personal Assistant Reason: Authentication Location: OHC Date: 01-May-2025 20:07:32 Page 2 of 5 3 and one female person in semi naked condition who were in compromising state. They also found three tore away condom, two manforce tablets and four numbers of unwanted tablets with two mobile phones from their bed side. In room No. 206 also one male and one female persons were present and on searched the police recovered three condom packets, one manforce tablets and five numbers of unwanted tablets with two mobile phones. On being asked, the petitioner admitted to have procured the females from their native place with an assurance them to provide job and engage them in prostitution. The Petitioner also admitted that he was making his earning over such profession. He also disclosed that he used to collect Rs.2000/- from each of the customers and give Rs.1000/- to each of the girls engaged in prostitution. Based on the said information, the IIC, Bellaguntha Police Station registered a case for the commission of the alleged offences as stated above and proceeded with the investigation. Hence, this case.
5. Learned counsel for the Petitioner submits that the Petitioner has been falsely implicated in this case and he is no way connected with the offences as alleged by the prosecution in any manner. Moreover, the Petitioner is in custody since 24.12.2024. Signature Not Verified Digitally Signed Signed by: LITARAM MURMU
Hence, he submits that the Petitioner may be enlarged on bail. Designation: Personal Assistant Reason: Authentication Location: OHC Date: 01-May-2025 20:07:32 Page 3 of 5 4
6. Learned counsel for the State vehemently opposes the prayer for bail, emphasizing the seriousness of the allegations.
7. Without going into the merit of the case and based on the facts and circumstances of the case, it is directed that the Petitioner be released on bail in the aforesaid case with some stringent terms and conditions as deemed just and proper by the learned court in seisin over the matter with further conditions that:-
i. the petitioner shall appear before the learned trial court on each date of posting of the case; ii. the petitioner shall not indulge himself in any criminal offence while on bail; and iii the petitioner shall not tamper the evidence of the prosecution evidence in any manner.
iv. The Petitioner, after the onset of monsoon, shall plant 200 saplings of local varieties, such as mango, neem, tamarind, etc., around his village on Government land, community land, or private land in the possession of the petitioner or his family members. In the event that suitable land is unavailable, the Revenue Authority Signature Not Verified shall assist in identifying land for the plantation. Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 01-May-2025 20:07:32 Page 4 of 5 5 Violation of any of the above conditions shall entail cancellation of the bail.
8. The I.I.C. of the concerned police station, in coordination with the local Forest Officer, shall monitor whether the Petitioner has planted the saplings as required.
9. It is further directed that the Petitioner shall file an affidavit before the local police station, confirming that the saplings have been planted and that the petitioner will maintain those plants for a period of two years.
10. The District Nursery/District Forest Officer (D.F.O.) shall extend assistance to the petitioner by supplying the necessary saplings.
11. The BLAPL is accordingly disposed of.
( Dr. S.K. Panigrahi) Judge Murmu Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 01-May-2025 20:07:32 Page 5 of 5