Nirakar Panigrahi vs State Of Odisha
2025 Latest Caselaw 1192 Ori

Orissa High Court

Nirakar Panigrahi vs State Of Odisha on 14 July, 2025

Author: B. P. Routray

Bench: B. P. Routray

                                                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                CRLA No.971 of 2024 & CRLA No.980 of 2024
                                      In CRLA No.971 of 2024
                                          Nirakar Panigrahi                       ....           Appellant
                                                                           Mr. B.S. Dasparida, Advocate
                                                                     -versus-
                                          State of Odisha                         ....         Respondent
                                                                               Ms. B.L. Tripathy, A.P.P.
                                                            Mr. B.R. Mohanty, Advocate for the Informant
                                      In CRLA No.980 of 2024
                                          Punam Agarwal                           ....           Appellant
                                                                                Mr. R. Patnaik, Advocate
                                                                     -versus-
                                          State of Odisha                         ....         Respondent
                                                                               Ms. B.L. Tripathy, A.P.P.
                                                            Mr. B.R. Mohanty, Advocate for the Informant
                                                    CORAM:
                                                    JUSTICE B. P. ROUTRAY
                                                                   ORDER

14.07.2025 Order No. I.A. No.2362 of 2024 (arising out of CRLA No.971 of 2024) I.A. No.2294 of 2024 (arising out of CRLA No.980 of 2024)

07. 1. Heard Mr. B.S. Dasparida and Mr. R. Patnaik, learned counsels for respective Appellants, Ms. B.L. Tripathy, learned Additional Public Prosecutor for State-Respondent and Mr. B.R. Mohanty, learned counsel for the informant in both the appeals.

2. The Appellants, namely, Nirakar Panigrahi & Punam Agarwal, who are convicted by learned Adhoc Addl. District & Sessions Judge (FTSC), Jajpur in the judgment dated 22.08.2024 in C.T. Special (POCSO) Case No.130 of 2020 for commission of offences under Sections 363/366/323/34, I.P.C. along with Section 6 read with Section 17 of the POCSO Act and sentenced

Signed by: BASANTA KUMAR BARIK

Reason: Authentication Location: High Court of Orissa, Cuttack Date: 15-Jul-2025 16:25:09 to undergo R.I. for 20 years along with fine, have prayed to release them on bail pending appeal.

3. It is submitted that both the Appellants are inside custody since 27.8.2024 till date upon conviction. It is further submitted that the Appellants are not the principal accused and the allegations made against them is to the effect that they assisted the principal accused in giving shelter to the victim in their house. It is also submitted that no allegations of sexual assault or any kind of threat is made against any of the Appellants.

4. Upon hearing both parties and going through the evidence of all such witnesses including the victim (P.W.1) and the circumstances of the case as well as the role played by the present Appellants, it is directed to release the Appellants, namely, Nirakar Panigrahi & Punal Agarwal on bail pending appeal in connection with the aforesaid case on such terms and conditions as the learned Adhoc Addl. District & Sessions Judge (FTSC), Jajpur may deem just and proper.

5. The I.As. are disposed of.

CRLA Nos.971 & 980 of 2024

6. List these appeals in the 2nd week of December 2025 for hearing.

7. 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: 15-Jul-2025 16:25:09