Orissa High Court

Birendra Nayak@Biren Nayak vs The State Of Odisha on 7 July, 2025

Author: B. P. Routray

Bench: B. P. Routray

                                                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                             CRLA No.501 of 2023
                                          Birendra Nayak@Biren Nayak              ....           Appellant
                                                                       Mr. M. Kanungo, Senior Advocate
                                                                     -versus-
                                          The State of Odisha                     ....         Respondent
                                                                                 Mr. G. Tripathy, A.P.P.
                                                      Mr. S.K. Mishra, Advocate for the Informant/Victim
                                                    CORAM:
                                                    JUSTICE B. P. ROUTRAY

                                                                  ORDER

07.07.2025 Order No.

06. 1. Heard Mr. M. Kanungo, learned Senior Advocate for Appellant, Mr. G. Tripathy, learned Additional Public Prosecutor for State-Respondent and Mr. S.K. Mishra, learned Advocate for the informant/victim.

2. The Appellant, who has been convicted by learned Ad-hoc Addl. District Judge-cum-Fast Track Special Court under POCSO Act, Cuttack in the judgment dated 28.02.2023 in Special G.R. Case No.57 of 2021 for commission of offences under Section 363/366, I.P.C. along with Section 6 of the POCSO Act and sentenced to undergo R.I. for 20 years along with fine, has prayed to release him on bail pending appeal.

3. It is submitted that the Appellant is inside custody since 25.5.2021 till date.

4. Upon hearing all the parties and considering the evidence of the victim (P.W.8) and other witnesses as well as the surrounding

Location: High Court of Orissa, Cuttack Date: 07-Jul-2025 17:36:03 circumstances of the case, it is directed to release the present Appellant, namely, Birendra Nayak@Biren Nayak on bail pending appeal in connection with the aforesaid case on such terms and conditions as the learned Ad-hoc Addl. District Judge- cum-First Track Special Court under POCSO Act, Cuttack may deem just and proper.

5. The I.A. is disposed of.

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

(B.P. Routray) Judge

B.K. Barik

Signed by: BASANTA KUMAR BARIK Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Jul-2025 17:36:03