Orissa High Court
Kanhu Singh vs State Of Odisha on 17 September, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.267 of 2025
Kanhu Singh ..... Appellant
Represented By Adv. -
Dipak Ranjan Mishra
-versus-
State Of Odisha ..... Respondent
Represented By Adv. -
B.K. Sahu, A.G.A.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
17.09.2025
Order No.
05. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
I.A. No.148 of 2025
2. This I.A. application has been filed with a prayer for release
of the appellant-petitioner on bail/ for suspension of sentence.
3. Heard learned counsel for the appellant-petitioner as well as
learned counsel for the State. Perused the records.
4. The abovenoted appeal has been preferred against the
judgment of conviction dated 19.04.2023 thereby the learned Addl.
District and Sessions Judge-cum-Presiding Officer, Special Court
under POCSO Act, Dist.-Mayurbhanj, Baripada under Section 376
(1) of the IPC and the convict-appellant has been sentenced to
undergo R.I. for 10 years and to pay a fine of Rs.5000/-.
5. Learned counsel for the appellant at the outset contended that
the appellant was initially arrested on 25.10.2018. Thereafter, he
was released on bail on 03.11.2021. He further submitted that at
present the appellant is in custody that from the date of judgment
on 19.04.2023. He further submitted that in total the appellant has
served 5 years and 5 months of sentence out of 10 years of sentence
that has been imposed by the learned trial court.
6. In course of his argument, learned counsel for the appellant
specifically referring to the evidence of the victim submitted that
the victim has admitted about the love relationship between the
appellant and the victim. He further submitted that although the
victim has been declared hostile by the prosecution, however, in her
cross-examination she has categorically admitted the fact with
regard to the love relationship. As such, it was argued that the
relationship between the appellant and the victim was consensual,
therefore, no case under Section 376 is made out against the present
appellant. He also referred to the deposition of the doctor, who
conducted the medical examination of the victim, to impress upon
this Court that the doctor has specifically stated that there was no
sign and symptom of recent sexual intercourse. It was also
contended that no sign of any physical injury was present on the
body of the victim when she was medically examined. On such
ground, learned counsel for the appellant contended that the
appellant's case is out-and-out a false case. On the basis of the
aforesaid submission and the materials on record, learned counsel
for the appellant contended that the appellant has a very good
chance of acquittal in the present appeal. He further submitted that
there is no possibility of an early hearing of the appeal, therefore,
unless the appellant is released on bail, the application will be
rendered infructuous due to passage of time.
7. Learned counsel for the State on the other hand objected to
the release of the appellant on bail on the ground of gravity and
seriousness of the allegation. She further contended that there exists
a prima facie case against the appellant as the appellant has already
been convicted by the trial court. On such ground, learned counsel
for the State objected to the release of the appellant on bail.
8. Having heard the learned counsels appearing for the
respective parties, on a careful examination of the materials on
record and, on a further close scrutiny of the deposition of the
witnesses available in the electronic form, this Court is inclined to
release the appellant-petitioner on bail.
9. Additionally, it is directed that the appellant-Petitioner be
released on bail in C.T. case No.101 of 2018, T.C. No.115 of 2018
arising out of Bangriposi P.S. Case No.97 of 2018 by the learned
Additional District and Sessions Judge-cum-Presiding Officer,
Special Court under the POCSO Act, Mayurbhanj, Baripada,
subject to such terms and conditions as would be deemed just and
proper by the leaned trial court.
10. With the aforesaid observations/ directions, the I.A. stands
disposed of.
( A.K. Mohapatra)
Judge
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 18-Sep-2025 12:11:13
