Orissa High Court
Abhi @ Abhiram @ Nityananda vs State Of Odisha on 22 September, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.1072 of 2025
Abhi @ Abhiram @ Nityananda ..... Appellant
Bagh
Represented By Adv. -
Arijeet Mishra
-versus-
State Of Odisha ..... Respondent
Represented By Adv. -
U.C. Jena, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
22.09.2025
Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Appellant.
3. Appeal is admitted.
4. Call for the digitized copy of the T.C.R.
5. List this matter immediately after receipt of the T.C.R.
6. This I.A. application has been filed for release of the
appellant-petitioner on bail/ suspension of sentence.
7. Heard learned counsel for the appellant-petitioner as well as
learned counsel for the State. Perused the application.
8. The present appeal has been preferred at the instance of the
convict-appellant against judgment dated 30.08.2025 passed in T.R.
Case No.06 of 2024 by the learned Addl. District & Sessions
Judge-cum-Special Court under POCSO Act, Jeypore.
9. Learned counsel for the appellant at the outset contended that
the learned trial court has convicted the appellant under Section 363
of the IPC and he has been sentenced to undergo S.I. for a period of
two years and to pay a fine of Rs.5000/-. He further submitted that
initially the appellant was in custody for two months. Thereafter, he
was out on bail. He further submitted that even after conviction, the
appellant was released on bail by the learned trial court. On such
ground, learned counsel for the appellant contended that the
appellant be enlarged on bail otherwise this appeal would become
infructuous.
10. 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.
11. Having heard the learned counsels appearing for the parties,
on a careful scrutiny of the judgment impugned in the appeal,
further taking note of the sentence imposed, this Court is inclined to
release the appellant-petitioner on bail on such terms and
conditions.
12. Further, it is directed that let the appellant-Petitioner be
released on bail in T.R. No.06 of 2024 arising out of Jeypore
Mahila P.S. Case No.130 of 2023 in the file of learned Additional
District and Sessions Judge-cum-Special Court under the POCSO
Act, Jeypore on such terms and condition as deemed just and
proper by the court in seisin over the matter.
13. With the aforesaid observations/ directions, the I.A. stands
disposed of.
14. Heard.
15. This I.A. application has been filed for stay of realisation of
fine amount.
16. There shall be stay of realization of fine amount passed by
the learned Additional District and Sessions Judge-cum-Special
Court under the POCSO Act, Jeypore passed in T.R. No.06 of 2024
arising out of Jeypore Mahila P.S. Case No.130 of 2023 till
disposal of the appeal.
17. Accordingly, the I.A. stands disposed of.
( A.K. Mohapatra)
Judge
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 23-Sep-2025 15:30:25
