Orissa High Court
Vibhutee Kumar Gupta vs State Of Odisha on 17 November, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.60 of 2025
Vibhutee Kumar Gupta ..... Appellant
Represented By Adv. -
S. Mohapatra, Sr. Adv.
-versus-
State Of Odisha ..... Respondent
Represented By Adv. -
C.M. Singh, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
17.11.2025
Order No.
07. I.A. No.1939 of 2025
1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned Senior counsel for the Petitioner as well as
learned counsel for the State. Perused the I.A and the prayer
made therein.
3. The present application has been filed at the instance of the
convict-appellant for his release on interim bail on the ground of
illness of the appellant.
4. On perusal of the record it appears that the abovenoted
appeal has been preferred at the instance of the convict-appellant
against judgment dated 13.12.2024 passed by the learned Adhoc
Additional District & Sessions Judge (FTSC) (POCSO),
Rourkela in S.T Case No.57/14 of 2020-2023. By virtue of the
impugned judgment, the Petitioner was held guilty of
commission of an offence punishable under Section 376(1) of
IPC and he has been sentenced to undergo R.I for a period of 10
years and to pay a fine of Rs.5,00,000/- (Rupees five lakh) to the
victim girl. The appellant has also been convicted under Section
506 of IPC and he has been sentenced to undergo R.I for a period
of two years and to pay a fine of Rs.50,000/- (Rupees fifty
thousand). However, the sentences have been directed to run
consecutively.
5. Learned Senior counsel for the appellant at the outset
contended that the appellant was on bail during trial. He further
submitted that now the appellant has been taken back into
custody from the date of judgment i.e. since 13.12.2024, the
appellant is in custody. It is further contended that while he was
in custody, the appellant is being treated for multiple diseases
like Diabetes, Urinary tract Infection, Lumbar Spondylosis,
PIVD prolapsed intervertebral disc etc. However, the medical
report submitted by the Jail Medical Officer dated 03.11.2025,
clearly indicates that there are no signs and symptoms indicative
of paralysis or any other focal Neurological deficit. The report
further reveals that the patient complains of Lower Back pain and
difficulty in walking without support.
6. Taking into consideration the aforesaid medical report
dated 03.11.2025, this Court is inclined to release the Appellant-
Petitioner on interim bail in S.T Case No.57/14 of 2020-2023
arising out of Bandamunda P.S Case No.27 of dtd.25.02.2020
passed by the Court of the learned Adhoc Additional District &
Sessions Judge (FTSC) (POCSO), Rourkela for a period of two
weeks from the date of his release on furnishing bail bond of
Rs.40,000/- (Rupees forty thousand) with two solvent sureties
each for the like amount to the satisfaction of the Trial Court.
Such, interim bail period shall be counted from the date of release
of the appellant from jail custody. However, it is made clear that
such release shall be subject to such other terms and conditions as
would be fixed by the trial court. Further, it is directed that the
appellant-petitioner shall not misuse the liberty. Violation of any
of the conditions shall entail cancellation of the interim bail
application.
7. On expiry of the interim bail period, the Appellant-
Petitioner shall surrender immediately before the court below,
failing which, it is open to the court below to take coercive
action against the Appellant-Petitioner to ensure that the
Appellant-Petitioner is taken back into custody. Surrender
certificate of the Appellant-Petitioner be produced before this
Court.
8. Accordingly, the I.A. is disposed of.
9. List this matter in the week commencing 08.12.2025.
( A.K. Mohapatra)
Judge
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 18-Nov-2025 15:54:22
