Rakesh Kumar Ransingh vs State Of Odisha
2023 Latest Caselaw 8710 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No.318 of 2023

              Rakesh Kumar Ransingh              ....     Appellant/
                                                         Petitioner

                                   Mr. Manoranjan Acharya,
                                   Advocate

                                      -versus-

              State of Odisha                    ....   Respondent/
                                                        Opp. Party

                                   Mr. P.B. Tripathy
                                   Addl. Standing Counsel

                                      CORAM:
                                 JUSTICE S.K. SAHOO
                                     ORDER

Order No.                          07.08.2023

                                 I.A. No.699 of 2023

02. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

This is an application under Section 389 of Cr.P.C. for grant of bail.

Heard.

The appellant-petitioner has been convicted under section 376 of the Indian Penal Code and section 4 of the POCSO Act and sentenced to undergo R.I. for a period of ten years and to pay a fine of Rs.5,000/- (rupees five thousand), in default, to undergo further R.I. for a period of three months for the offence under section 4 of the POCSO Act and no separate punishment is awarded under // 2 //

section 376 of the Indian Penal Code in view of section 42 of the POCSO Act by the learned Additional Sessions Judge -cum- Special Court under POCSO Act, Nayagarh in T.R. No.102 of 2021.

Perused the impugned judgment.

Considering the submission made by the learned counsel for the petitioner that the petitioner was on bail during trial and he has never misutilised his liberty in any manner and after going through the evidence of the victim (P.W.1) and the doctor (P.W.8) and further submission made by the learned counsel for the petitioner that the incident in question took place on 19.07.2021 and the F.I.R. was lodged on 20.08.2021 and there are good chances of success in the appeal and balance of convenience is in favour of the petitioner and on hearing the learned counsel for the State, I am inclined to release the petitioner on bail.

Let the appellant-petitioner be released on bail pending disposal of the appeal on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned trial Court.

The I.A. is disposed of.

Urgent certified copy of this order be granted as per rules.

                                                                       ( S.K. Sahoo)
   Signature Not Verified                                                  Judge
RKM
  Digitally Signed

Signed by: RABINDRA KUMAR MISHRA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 07-Aug-2023 18:15:54