Housila Prasad Tiwari vs State Of Odisha
2025 Latest Caselaw 1261 Ori

Orissa High Court

Housila Prasad Tiwari vs State Of Odisha on 15 July, 2025

Author: B. P. Routray

Bench: B. P. Routray

Signature Not Verified
Digitally Signed
Signed by: CHITTA RANJAN BISWAL
Designation: A.R.-Cum-Sr.Secretary
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 15-Jul-2025 17:53:17

                                              IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                             CRLA No.2829 of 2024
                                       Housila Prasad Tiwari                   ....         Appellant
                                                                               Mr.J.Panda, Advocate

                                                                  -versus-


                                       State of Odisha                         ....         Respondent
                                                                               Mr.S.K.Rout, Addl.PP
                                                   Mr.S.Das, leaned Advocate for the Informant/Victim


                                                 CORAM:
                                                 SHRI JUSTICE B. P. ROUTRAY
                                                               ORDER

15.7.2025

1. 1. Heard Mr.Panda, learned counsel for the Appellant and Mr.Das, leaned counsel for the Informant/Victim as well as Mr.Rout, learned Additional Public Prosecutor for the State.

2. Present Appellant, namely, Housila Prasad Tiwari, who has been convicted for commission of offence under Section 354-A of the IPC read with Section 8 of the POCSO Act and further under Section 12 of the POCSO Act by the learned Addl. Sessions Judge-cum- Special Court under POCSO Act, Kalahandi in C.T.No.19 of 2020 (POCSO) and sentenced to undergo R.I. for three years along with fine, in judgment dated 28.10.2024, has prayed to release him on bail pending appeal.

Signed by: CHITTA RANJAN BISWAL Designation: A.R.-Cum-Sr.Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 15-Jul-2025 17:53:17

3. It is submitted that the Appellant is on bail in terms of Section 389(3) of the Cr.P.C. after his conviction and he was also on bail during trial. It is further submitted that the family of the victim and the Appellant had prior acquaintance and the victim had earlier been to the shop of the Appellant on many occasions prior to the occurrence.

4. Upon hearing all the parties and going through the statements of all the witnesses including the victim (P.W.3) and surrounding circumstances, it is directed to release the Appellant on bail pending appeal in connection with the aforesaid case on such terms and conditions as the Addl. Sessions Judge-cum-Special Court under POCSO Act, Kalahandi may deem just and proper.

5. The I.A. is disposed of.

6. List the appeal in the last week of December 2025 for hearing.

( B.P. Routray) Judge

C.R.Biswal