Orissa High Court

Sukdas Gouda vs State Of Odisha on 8 May, 2025

Author: S.K. Sahoo

Bench: S.K. Sahoo

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No. 785 of 2024

              Sukdas Gouda                ....        Appellant

                                    Mr. T.K. Mishra, Advocate

                                  -versus-

              State of Odisha             ....      Respondent

                                               Mr. J. Naik, AGA

                             CORAM:
                THE HON'BLE MR. JUSTICE S.K. SAHOO
               THE HON'BLE MR. JUSTICE S. S. MISHRA

                                  ORDER

Order No.                       08.05.2025

                             I.A. No. 1674 of 2024

09. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

This is an application for bail under Section 389 Cr.P.C.

Heard Mr. Mishra, learned counsel for the petitioner and Mr. Naik, learned Addl. Government Advocate for the State.

The appellant-petitioner has been convicted under sections 3(2) v of S.C. & S.T. (PoA) Act and sentenced to undergo imprisonment for life and to pay a fine of Rs.15,000/- (rupees fifteen thousand), in default, to undergo further R.I. for a period of six months years, R.I. for three years for the offence under sections 366 of the

Indian Penal Code and to pay a fine of Rs.5,000/- (rupees five thousand), in default, to undergo further R.I. for a period of two months, R.I. for seven years for the offence under section 376(1) of the Indian Penal Code and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to undergo further R.I. for a period of four months and R.I. for three months for the offence under section 342 of the Indian Penal Code and the substantive sentences were directed to run concurrently by the learned Additional District & Sessions Judge, Umerkote, Nabarangpur in Criminal Trial No.62 of 2014.

Perused the impugned judgment.

Mr. Mishra, learned counsel for the appellant submits that the appellant was on bail during the trial and he has never misused the concession of liberty. He further submits that the commission of rape as deposed to by the victim (P.W.21) is not believable and the evidence of the doctor (P.W.17) is totally silent regarding any kind of forcible sexual intercourse. He further submits that there are good chances of success in the appeal and the balance of convenience is in favour of the petitioner and there is no likelihood for early hearing of the appeal in the near future and therefore, the bail application may be favourably considered.

Learned counsel for the State opposed the prayer for bail and placed the evidence of P.W.3, the victim- P.W.21 and the evidence of the doctor (P.W.17).

Considering the submissions made by the learned counsel for the respective parties, nature of evidence adduced during the trial and the fact that the petitioner was on bail during the trial and there is no adverse report against him to have misutilized his liberty while on bail during the trial and absence of any chance for early hearing of the appeal in the near future, we are inclined to release the appellant-petitioner on bail.

Let the appellant-petitioner be released on bail pending disposal of the appeal on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with one local solvent surety for the like amount to the satisfaction of the learned trial Court subject to the condition that the petitioner shall not indulge in any criminal activities in any manner and shall not try to come in contact with the victim.

Violation of any terms and conditions shall entail cancellation of bail.

Accordingly, the I.A. is disposed of. Urgent certified copy of this order be granted as per rules.

( S.K. Sahoo) Judge

Swarna/Ashok Designation: Senior Stenographer ( S. S. Mishra) Reason: Authentication Location: High Court of Orissa Judge Date: 09-May-2025 20:04:03