Citation : 2025 Latest Caselaw 6341 Ori
Judgement Date : 26 June, 2025
Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 26-Jun-2025 16:00:03
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.777 of 2024
Dipak Kumar Nayak @ Deepak .... Appellant
Mr. A.K.Das, Advocate
-versus-
State of Odisha .... Respondent
Ms. B.L.Tripathy, Additional Standing Counsel
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
26.06.2025 Order No.
07. 1. Heard Mr. Das, learned counsel for the Appellant - Petitioner and Ms. Tripathy, learned ASC for State - Respondent - Opposite Party.
2. The Appellant who is convicted for commission of offence under Section 376(2)(n) of the Indian Penal Code and sentenced to undergo R.I. for ten years along with fine by the learned Ad Hoc Additional Sessions Judge (FTSC), POCSO, Bhubaneswar in his judgment dated 25th July, 2024 has prayed to release him on bail pending appeal.
3. Ms. Tripathy, learned ASC for the State is unable to resist the prayer for bail though a written objection has been filed by the State.
4. It is submitted on behalf of the Appellant that he is inside custody since 25th July 2024 and there is lack of sufficient material to convict him for the said offence.
Location: High Court of Orissa, Cuttack
5. Upon hearing both parties and going through the materials brought on record in course of the trial as well as the evidence of victim (P.W.2) and surrounding circumstances of the case, it is directed to release the Appellant-Petitioner on bail pending appeal on such terms and conditions to be fixed by the learned Ad-Hoc Additional Sessions Judge (FTSC), POCSO, Bhubaneswar, in T.R. Case No.188 of 2015 arising out of Nayapalli P.S. Case No. 443 of 2015.
6. The I.A. is disposed of.
7. List the appeal for hearing in the 1st week of November 2025.
8. An urgent certified copy of this order shall be issued on proper application.
( B.P. Routray) Judge
S.Das
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