[Cites 6, Cited by 0]
Orissa High Court
Ashutosh Parida vs State Of Odisha on 10 December, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.733 of 2025
Ashutosh Parida ..... Appellant
Represented by Adv. -
Mr. T.K. Sahu, Adv.
-versus-
State Of Odisha ..... Respondent
Represented by Adv. -
Dolagobinda Mohapatra
Smt. Sasmita Nayak, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
10.12.2025
Order No.
07. I.A. Nos.1597 & 3373 of 2025
1. This matter is taken up through Hybrid mode.
2. Heard Mr. T.K. Sahu, learned counsel for the Appellant as
well as Smt. Sasmita Nayak, learned Additional Standing Counsel
for the State-Respondent and Mr. Dolagobinda Mohapatra, learned
counsel for the Informant. Perused the I.A. application filed by the
convict-Appellant for his released on bail.
3. Learned counsel for the convict-Appellant at the outset
contended that he does not want to press the regular bail application
bearing I.A.No.1597 of 2025 with liberty to renew such prayer at a
later stage.
4. Considering such submission, he is permitted to withdraw the
I.A. No.1597 of 2025 with liberty as prayed for.
5. This I.A. has been filed at the instance of the convict-
Appellant for his release on interim bail. On perusal of the record, it
appears that the convict-Appellant has preferred this appeal against
judgment dated 02.06.2025 passed in Special G.R. Case No.39 of
2023, which arises out of Biridi P.S. Case No.194 of 2023 by the
learned Adhoc Additional District & Sessions Judge, FTSC
(POCSO), Jagatsinghpur. The learned trial Court, by virtue of the
detailed impugned judgment, has found the Appellant guilty of
commission of an offence punishable under Sections 363, 366,
376(2)(n), 376(3) of IPC read with Section 6 of the POCSO Act and
convicted him thereunder in terms of Section 235(2) of Cr.P.C.
Accordingly, the Appellant has been sentenced to undergo a
maximum R.I. of 20 years and to pay a fine of Rs.20,000/-.
6. Learned counsel for the convict-Appellant contended that the
Appellant is languishing in custody since the date of his initial arrest
on 24.06.2023. The Appellant has never been released on bail, as
such, the convict-Appellant has already undergone two and half
years' of the sentence imposed by the learned trial Court. He further
contended that there is no possibility of the appeal being heard in the
near future. Learned counsel for the Appellant at this juncture
contended that the accused-Appellant is aged about 26 years and,
further submitted that taking into consideration the long period of
incarceration which has been inflicted by virtue of the judgment of
the learned trial Court, the Appellant be released on interim bail to
meet his parents and other family members. In the aforesaid context,
learned counsel for the Appellant also referred to the judgment of
this Court the case of Leti @ Jaydev Ray and another v. State of
Odisha reported in (1990) 3 OCR 427. Learned counsel for the
convict-Appellant assured this Court that the Appellant shall not
misuse the liberty in the event he is released on interim bail and he
shall surrender on or before the due date. It was also contended that
the Appellant is ready and willing to abide by any stringent terms
and conditions that will be imposed at the time of his release on
interim bail.
7. Learned counsel for the State on the other hand objected to the
release of the Appellant on bail on the ground that there exists a
prima facie case against the present Appellant as he has been found
guilty by the learned trial Court. He further submitted that taking
into consideration the gravity and seriousness of the charges under
which the Appellant has been convicted, the Appellant should not be
enlarged on bail be it regular or interim. On such ground, learned
counsel for the State contended that the bail application filed by the
Appellant is devoid of merit, and accordingly, the same should be
dismissed.
8. Learned counsel for the Informant also objected to the release
of the Appellant on interim bail. In course of his submission, learned
counsel for the Informant submitted before this Court that in the
event the Appellant is released on interim bail, he will pose a grave
danger to the life of the Victim as well as other family members. He
further contended that the Appellant was found guilty and he has
been convicted and sentenced to undergo R.I. for 20 years.
Accordingly, it was submitted that the bail application of the
Appellant be rejected.
9. Having heard the learned counsels appearing for the
respective parties, further on a careful consideration of the materials
on record, further taking into consideration the fact that the
Appellant is in custody since the date of his initial arrest and he has
never been released on bail and that the age of the convict at the time
of commission of crime is only 23 years, this Court is inclined to
release the Appellant on interim bail for a period of four weeks.
Moreover, there is no possibility of the appeal being heard in the
near future. Accordingly, it is directed that the Appellant be released
on interim bail for a period of four weeks starting from the date of
his release from custody, subject to the Appellant furnishing a bail
bond of Rs.35,000/- with two sureties each of the like amount to the
satisfaction of the learned trial Court. The release of the Appellant
on interim bail shall be subject to such other terms and conditions as
would be deemed just and proper by the learned trial Court. While
imposing conditions, the learned trial Court shall impose a condition
whereby the Appellant shall not threaten the Victim and his family
members; shall make no attempt to contact the Victim's family in
any manner whatsoever; shall appear before the jurisdictional Police
Station once in a week preferably on a 'Sunday' in between 10:00
A.M. to 1:00 P.M.; and shall not go beyond the territory of the
jurisdiction of the learned trial Court. The interim release shall also
be subject to condition that the Appellant shall surrender before the
learned trial Court on or before the due date of surrender and furnish
a surrender certificate before this Court by the next date.
10. With the aforesaid observation/direction, the above noted I.A.
No.3373 of 2025 stands disposed of.
11. List this appeal in the week commencing 19.01.2026 for
production of surrender certificate.
( Aditya Kumar Mohapatra )
Judge
S.K. Rout
Location: High Court of Orissa, Cuttack
