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Orissa High Court
Vibhutee Kumar Gupta vs State Of Odisha on 15 January, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.60 of 2025
Vibhutee Kumar Gupta .... Appellant/
Petitioner
Mr. Soura Chandra Mohapatra,
Senior Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. Debaraj Mohanty,
Addl. Government Advocate
CORAM: JUSTICE SIBO SANKAR MISHRA
ORDER
Order No. 15.01.2026
I.A. No.93 of 2025
10. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
This is an application for bail.
Heard learned counsel for the convict-appellant and
learned counsel for the State.
The appellant has been convicted for the offences
punishable under sections 506/376(1) of the Indian Penal
Code and sentenced him to undergo rigorous
imprisonment for a period of ten years and he was liable
to pay a fine of Rs.5,00,000/- (Rupees five lakhs) to the
victim girl, failure to pay the fine amount, he was liable to
undergo R.I. for another two years. He was further
sentenced to undergo R.I. for a period of two years and to
pay a fine of Rs.50,000/- (Rupees fifty thousand) to the
victim girl, failure to pay the fine, he was liable to undergo
R.I. for another six months for the offence under Section
506 of the IPC. Both the sentences were directed to run
concurrently by the learned Ad-hoc Additional District &
Sessions Judge, (FTSC), POCSO, Rourkela in S.T. Case
No.57/14 of 2020-2023. The fine amount if paid was
directed to be given to the victim. The Victim
Compensation Act 2017 as amended in 2018 provides for
minimum compensation of Rs.4,00,000/- (Rupees four
lakhs) and maximum compensation is Rs.7,00,000/-
(Rupees seven lakhs) in case of rape. Accordingly under
Orissa Victim Compensation Scheme of 2017 as amended
up to date. Keeping in view the age of the victim a
compensation of Rs.7,00,000/- (Rupees seven lakhs) was
awarded to the victim which shall be payable by the State
through the District Legal Services Authority, Sundargarh
to the victim.
During the trial, the appellant was on bail. However,
when the judgment was pronounced by the learned trial
Court, the appellant was convicted for the offences
punishable under Sections 376(1)/506 of the IPC and was
taken into custody.
The present Criminal Appeal is pending since 2025.
The appellant was enlarged on interim bail for a period of
two weeks vide order dated 17.11.2025. Subsequently,
vide order dated 04.12.2025, the interim bail period was
extended for a period of two weeks. Vide order dated
04.12.2025, the learned State counsel was also directed to
obtain instruction in the matter. Learned State counsel has
produced the report dated 13.01.2026, which reads thus:
"Verified the medical documents as well as locally and it
came to light that the appellant Sri Vibhutee Kumar
Gupta, aged about 48 years, resident of Bondamunda,
Sundargarh, was admitted as an indoor patient at Hi-Tech
Medical College & Hospital, Rourkela on 17.12.2025 and
was diagnosed with Low Back Ache (LBA) with
Radiculopathy. He was treated conservatively during
hospitalization and was found hemodynamically stable at
the time of discharge on 21.12.2025.
The discharge advice includes rest, avoidance of weight
lifting, use of LS belt, prescribed medicines, and follow-up
review on 20.01.2026.
The above facts are verified till date. This report is
submitted as compliance to the direction of the Hon'ble
Court to obtain instruction on the medical documents."
The said report is taken on record.
Mr. Mohapatra, learned Senior Advocate appearing
for the appellant submits that pursuant to the order dated
04.12.2025, the appellant has already surrendered before
the learned trial Court. He had gone for medical check-up
to the S.C.B. Medical College & Hospital, Cuttack. He has
placed on record the Prescription dated 16.12.2025. The
treating doctor has advised the appellant to undergo
surgery. Relying upon the said medical documents, the
appellant seeks interim bail for a period of four weeks. The
said Prescription is taken on record.
Learned counsel for the State has no serious
objection to the prayer made by the learned counsel for
the convict-appellant.
Regard being had to the aforementioned, the learned
trial Court is directed to verify the authenticity of the
medical documents placed on record by the appellant, and
enlarge the convict-appellant on interim bail for a period
of four weeks from the date of his release on the
conditions as deem fit and proper in the above mentioned
case and the appellant shall surrender before the learned
trial Court immediately on expiry of the said period of four
weeks and file the Certificate of surrender.
Violation of any of the terms and conditions shall
entail cancellation of the interim bail.
Accordingly, the I.A. is disposed of with liberty to
renew the bail plea after the appellant surrenders on
expiry of four weeks of the interim bail period.
Urgent certified copy of this order be granted as per
rules.
(S.S. Mishra)
Judge
List this matter after four weeks.
(S.S. Mishra)
Subhasis Judge
Designation: Personal Assistant
Location: High Court of Orissa, Cuttack.
Date: 15-Jan-2026 20:41:14
