Orissa High Court

Chaitanya Biswal vs State Of Odisha And Another on 1 July, 2025

Author: B. P. Routray

Bench: B. P. Routray

Signature Not Verified
Digitally Signed
Signed by: MANAS KUMAR PANDA
Designation: Personal Assistant
Reason: Authentication
Location: OHC, Cuttack
Date: 01-Jul-2025 17:33:32



                                      IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                CRLA No.726 of 2024
                           Chaitanya Biswal                             ....          Appellant
                                                             Mr. Byomokesh Sahoo, Advocate
                                                          -versus-
                           State of Odisha and Another                  ....       Respondents
                                               Ms. B.L. Tripathy, Additional Public Prosecutor

                                         CORAM:
                                         SHRI JUSTICE B. P. ROUTRAY
                                                        ORDER

1.7.2025 Order No.

06. 1. Heard Mr. B. Sahoo, learned counsel for the Appellant -

Petitioner and Ms. B.L. Tripathy, learned Additional P.P. for State - Respondent - Opposite Party.

2. The present Appellant, namely Chaitanya Biswal, who has been convicted for commission of offences under Sections 354, 506 of the Indian Penal Code, read with Section 10 of the POCSO Act and sentenced to undergo R.I. for five years along with fine by the learned Additional Sessions Judge-cum-Special Court (under POCSO Act), Sambalpur in his judgment dated 10th July, 2024 passed in Spl. G.R. Case No.34 of 2022 has prayed to release him on bail pending appeal.

3. It is submitted on behalf of the Appellant that he is inside custody since 4th June, 2022 barring some interim periods when he was released on bail. It is further submitted that the version of the victim is not supported from the statement of any independent witness and the victim refused for medical examination through her mother.

Designation: Personal Assistant

4. As per the custody certificate furnished by learned Additional P.P., the Appellant has suffered incarceration for 701 days as on 2nd May, 2025. Despite direction issued, learned Additional P.P. is unable to produce anything on the past conduct of the Appellant inside Jail. No written objection has also been received on the prayer for bail.

5. Upon hearing Ms. Tripathy, learned Additional P.P. for State and considering the materials brought on record in course of trial and the statements of all such witnesses including P.W.2 as well as the surrounding circumstances, I am inclined to release the Appellant on bail. Accordingly it is directed to release the Petitioner - Appellant on bail pending appeal on such terms and conditions to be fixed by the learned Additional Sessions Judge-cum-Special Court (under POCSO Act), Sambalpur in Spl. G.R. Case No.34 of 2022.

6. The I.A. is disposed of.

07. 7. List the appeal for hearing in the last week of October, 2025.

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

( B.P. Routray) Judge M.K.Panda