Biswanath Sahoo And Another vs State Of Odisha
2025 Latest Caselaw 7773 Ori

Orissa High Court

Biswanath Sahoo And Another vs State Of Odisha on 2 September, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                      IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      CRLA No.483 of 2025

                 Biswanath Sahoo and another             .....               Appellants
                                                                  Mr. Deepak Ku Sahoo,
                                                                  Adv. for Appellant No-1

                                                                  Mr. Arijeet Mishra,
                                                                  Adv. for Appellant No-2

                                              -versus-

                 State Of Odisha                     .....                  Respondent
                                                                 Smt. Sasmita Nayak, ASC


                                     CORAM:
                       THE HON'BLE MR. JUSTICE ADITYA KUMAR
                                   MOHAPATRA

                                             ORDER

02.09.2025 Order No.

1. This matter is taken up through Hybrid mode.

2. Learned counsel for the Appellant No.1 prayed for some time to get ready for hearing of the bail application. So far as, the learned counsel for the Appellant No.2 is concerned, he prays for hearing the bail application in respect of Appellant No.2.

3. Heard learned counsel for the Appellant No.2 as well as learned counsel for the State. Perused the application.

4. The Appellant No.2 being convicted by the learned Adhoc

Additional District and Sessions Judge FTSC, Kendrapara in S.T. Case No.27 of 2017 vide judgment dated 21.03.2025 has approached this Court by filing the above noted appeal. Although initially charges were framed for commission of offence under Sections 376 of IPC read with 109, 384 & 506/34 of IPC, she has been convicted for commission of offence punishable under Sections 376 of IPC read with 109 of IPC and she has been sentenced to undergo a maximum sentence of seven years and to pay a fine of Rs.10,000/-. Learned counsel for the Appellant No.2 at the outset contended that the Appellant No.2 has been convicted with the aid of Section 109 of IPC. He further submitted that the Appellant No.2 is a lady and happens to be the sister of Appellant No.1. He further contended that the Appellant No.2 has been convicted on the basis of the evidence that the Appellant No.1 took the Victim to the house of Appellant No.2 and there the Victim was raped by the Appellant No.1. He further contended that during trial the Appellant No.2 was in jail custody for some time and thereafter she was released on bail. He further submitted that now the Appellant No.2 is in custody on being arrested on 25.03.2025. As such, learned counsel for the Appellant No.2 contended that the Appellant No.2 has been in custody for around seven months.

5. Taking into consideration the nature of the allegation against the Appellant No.2, further considering the evidence against her, this Court is inclined to release the Appellant No.2 on bail. Accordingly, it is directed that the Appellant No.2 be released on bail subject to such terms and conditions as it deems just and proper by the learned trial Court.

6. List this matter in the week commencing 27 th October, 2025 for consideration of the bail application in respect of Appellant No.1.

( Aditya Kumar Mohapatra ) Judge

S.K. Rout

Location: High Court of Orissa, Cuttack