Orissa High Court
Natha Raksha vs State Of Odisha on 10 July, 2025
Author: B. P. Routray
Bench: B. P. Routray
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.624 of 2024, CRLA No.594 of 2024 &
CRLA No.612 of 2024
In CRLA No.624 of 2024
Natha Raksha .... Appellant
Mr. B.R. Tripathy, Advocate
-versus-
State of Odisha .... Respondent
Mr. R. Pradhan, A.P.P.
In CRLA No.594 of 2024
Sada@Sadashiv Bhainsa .... Appellant
Mr. D. Panda, Advocate
-versus-
State of Odisha .... Respondent
Mr. R. Pradhan, A.P.P.
In CRLA No.612 of 2024
Nabin Salima .... Appellant
Mr. B.R. Tripathy, Advocate
-versus-
State of Odisha .... Respondent
Mr. R. Pradhan, A.P.P.
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
10.07.2025
Order No.
I.A. No.1541 of 2024 (arising out of CRLA No.624 of 2024)
05. 1. Realization of fine amount shall remain stayed till disposal of
the appeal.
2. The I.A. is disposed of.
Location: High Court of Orissa, Cuttack
Date: 10-Jul-2025 17:55:26
I.A. No.1498 of 2024 (arising out of CRLA No.612 of 2024)
3. Realization of fine amount shall remain stayed till disposal of
the appeal.
4. The I.A. is disposed of.
I.A. No.1540 of 2024 (arising out of CRLA No.624 of 2024)
I.A. No.1462 of 2024 (arising out of CRLA No.594 of 2024)
I.A. No.1499 of 2024 (arising out of CRLA No.612 of 2024
5. Heard Mr. B.R. Tripaty and Mr. D. Panda, learned counsel for
Appellants and Mr. R. Pradhan, learned Additional Public
Prosecutor for State-Respondent in all the appeals.
6. The Appellants, namely, Natha Raksha, Sada@Sadashiv
Bhainsa & Nabin Salima, who are convicted by learned Addl.
Sessions Judge-cum-Special Court (under POCSO Act),
Sambalpur in the judgment dated 22.04.2024 in S.T.
No.108/171/299 of 2016-2017-2020 for commission of offence
under Section 376-D/363/342/34, I.P.C. and sentenced to undergo
R.I. for 20 years along with fine, have prayed to release them on
bail pending appeal.
7. It is submitted that the Appellants are inside custody since
23.4.2016 and in the meantime more than 9 years have elapsed. It
is further submitted that there is unusual delay in lodging the FIR
and the statement of the victim is not supported by medical
evidence. It is also submitted that earlier statement made by the
victim before the Medical Officer (P.W.16) contradicts her own
statement as a witness (P.W.1).
Signed by: BASANTA KUMAR BARIK
Designation: Secretary
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 10-Jul-2025 17:55:26
8. Upon hearing both parties and considering the statements of
the witnesses including the victim and Medical Officer as well as
the circumstances of the case and the period of detention of
Appellants inside custody, it is directed to release the Appellants,
namely, Natha Raksha, Sada@Sadashiv Bhainsa & Nabin Salima
on bail pending appeal in connection with the aforesaid case on
such terms and conditions as the learned Addl. Sessions Judge-
cum-Special Court (under POCSO Act), Sambalpur may deem
just and proper.
9. The I.As. are disposed of.
CRLA Nos.624, 594 & 612 of 2024
10. List these appeals in the 1st week of December 2025 for
hearing.
11. Urgent certified copy of this order be granted on proper
application.
(B.P. Routray)
Judge
B.K. Barik
Signed by: BASANTA KUMAR BARIK
Designation: Secretary
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 10-Jul-2025 17:55:26
