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2025 DAILYLAW 4853 (ORI)

PRASANT PRADHANI v. STATE OF ODISHA

CRLA/462/2025 · 2026-02-06

Gourishankar Satapathy

Criminal Appealbody2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLA No.462 of 2025 Prasant Pradhani … Appellant Mr. D.R. Bhokta, Advocate -versus- State of Orissa … Respondent Mr. S.C. Pradhan, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 06.02.2026 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This criminal appeal in the nature of bail U/S. 14-A of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 together with amendment Act, 2016 (in short, “the Act”) is directed against the impugned order dated 15.04.2024 passed in TR Case No.39 of 2021 by which the learned Additional Sessions Judge-Cum-Special Judge, Koraput, has refused to release the appellant on bail in connection with Laxmipur PS Case No.146 of 2020, for commission of offence punishable U/Ss.376/506 of IPC r/w Section 3(2)(v) of the Act, on the main allegation of committing rape upon the victim. 3. Heard, Mr. Dipti Ranjan Bhokta, learned counsel for the appellant and Mr. S.C. Pradhan, learned Additional Public Prosecutor in the matter and perused the record including the photocopy of the depositions of PWs.1 to 7 as produced. p. 2 4. Admittedly, the paramount consideration in granting bail is securing attendance of the accused at the trial, but in this case, the appellant being released on interim bail has misused the liberty so granted to him by not surrendering before the Court in time. In the meantime, the victim has already been examined. No doubt, the period of custody of the appellant is a factor to be taken into consideration for bail, however, his conduct in avoiding the process of law by misusing the liberty so granted to him makes his case remote for grant of bail in this situation. In the aforesaid facts and circumstance and looking at the conduct of the appellant, this Court is not inclined to grant bail to the appellant. Hence, this Court is not inclined to admit the appellant to bail. 5. Accordingly, the CRLA stands dismissed, but looking at the custody period of the appellant, the learned trial Court is, hereby, requested to expedite the trial and dispose of the case as expeditiously as possible and the appellant is, however, at liberty to renew his prayer for bail, if the trial is not concluded within six months hence. A copy of this order be immediately transmitted to the learned Court in seisin over the matter for reference. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer