Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.71 of 2025
Prakash Rajgandha … Appellant
Mr. S.R.Das, Advocate -versus-
State of Orissa … Respondent Mr. M.K. Mohanty, Addl. PP Mr.A.K.Budhia, Advocate for informant
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL)
21.04.2025
01.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. This criminal appeal is directed against the impugned order dated 13.12.2024 passed by the learned Additional Sessions Judge-Cum-PO Children’s Court, Sundargarh in GR Case No.176/1 of 2022-23 arising out of Raiboga PS Case No.81 of 2022 refusing to grant bail to the appellant-cum-Child in Conflict with Law (in short, “CICL”) for commission of offence punishable under Sections 376(2)(n)/506 of the IPC and r/w Section 6 of POCSO Act, on the main allegation of committing rape and aggravated penetrative sexual assault upon the victim.
3. Heard, Mr. Soumya Ranjan Das, learned counsel for the appellant-petitioner, Mr.Arun Kumar Budhia, learned counsel who enters appearance for the informant in the Court today by filing Vakalatnama, p. 2 which is taken on record and Mr. M.K. Mohanty, learned Additional Public Prosecutor in the matter and perused the record including the copy of depositions as produced.
4. After having considered the rival submissions and taking into consideration the nature and gravity of the offence as alleged against the appellant-petitioner vis-à-vis the accusations sought to be brought against him and regard being had to the detention of the appellant-petitioner in Observation Home since 28.09.2022 and examination of the victim in the meanwhile in which the victim has not stated with regard to rape and penetrative sexual assault upon her, this Court without expressing any view on merits considers it proper to admits the appellant-petitioner to bail.
5. Hence, the criminal appeal stands allowed and the impugned order is, hereby, set aside. Consequently, the appellant-petitioner is directed to be released on bail on such terms and conditions as deems fit and proper by the learned Court in seisin over the matter.
6. Accordingly, the CRLA stands disposed of.
(G. Satapathy)
Judge
kishore
Designation: Secretary