Khadia @ Budhiram Raut @ Rout vs State Of Odisha
2025 Latest Caselaw 1541 Ori

Orissa High Court

Khadia @ Budhiram Raut @ Rout vs State Of Odisha on 22 July, 2025

Author: B. P. Routray

Bench: B. P. Routray

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 22-Jul-2025 18:16:43



                                          IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                    CRLA No.998 of 2024

                                 Khadia @ Budhiram Raut @ Rout              ....          Appellant
                                                                         Mr. B.C.Parija, Advocate
                                                              -versus-


                                 State of Odisha                            ....        Respondent
                                                                     Mr. T.K.Dash, Additional P.P.

                                             CORAM:
                                             SHRI JUSTICE B. P. ROUTRAY
                                                           ORDER

22.07.2025 Order No.

02. 1. Heard Mr. Parija on behalf of Mr. U.N.Jena, learned counsel for the Appellant - Petitioner and Mr. Dash, learned Addl.P.P. for State - Respondent - Opposite Party.

2. The Appellant namely, Khadia @ Budhiram Raut @ Rout who is convicted for commission of offences under Section 341/ 376(1)/ 506 of the Indian Penal Code and sentenced to undergo R.I. for ten years along with fine by learned Adhoc Additional Sessions Judge (FTSC), Balasore in his judgment dated 23rd August 2024, has prayed to release him on bail pending appeal.

3. It is submitted that the Appellant is inside custody since 21st May 2020 till date. It is further submitted that the FIR was lodged after three days of the occurrence and the statement of victim is not supported by medical evidence.

Location: High Court of Orissa, Cuttack

4. Upon hearing both parties and considering the statement of the witnesses including victim (P.W.1) and surrounding circumstances, as well as the period of detention of the Appellant inside custody, it is directed to release the Appellant-Petitioner on bail pending appeal on such terms and conditions to be fixed by learned Adhoc Additional Sessions Judge (FTSC), Balasore in connection with S.T. No. 138 of 2020 corresponding to Nilagiri P.S. Case No.136 of 2020.

5. The I.A. is disposed of.

6. There shall be stay of realization of fine amount as imposed by learned Adhoc Additional Sessions Judge (FTSC), Balasore in the impugned judgment dated 23rd August 2024 till disposal of the appeal.

7. The I.A. is disposed of.

8. An urgent certified copy of this order shall be issued on proper application.

9. List the appeal on 1st week of December for hearing.

( B.P. Routray) Judge

S.Das