IN THE HON’BLE HIGH COURT OF ORISSA, CUTTACK.

(CRIMINAL APPELLTE JURISDICTION CASES)

CRLA. No. 0F 2020
(Code No. )

Mithun @ Debabrata Sahoo @Debaprasad Sahoo

. … … Petitioner
(In Jail Custody)

-Versus-
State of Orissa
……….. Opp.party

INDEX

SL.NO DESCRIPTION OF THE DOCUMENTS PAGES

1. CRLA petition: 1-
2. Copies of the FIR and Charge-sheet
(ANNEXURE-1) Series
3. A copy of the order dated 10.12 2019.
(ANNEXURE-2)
4. A copy of the anganwadi certificate
( Annexure-3)
5. VAKALATNAMA.
__________________________________________________

By the Appellant through

Cuttack.
Date:
. Advocate
 IN THE HON’BLE HIGH COURT OF ORISSA, CUTTACK.
(CRIMINAL APPELLTE JURISDICTION CASES)

CRLA. No. 0F 2019

(Code No. )
In the matter of:

An application for Appeal U/s – 14-A S.C and

S.T Act (P.A) Act.

AND

In the matter of:

An application challenging the order dated

10.12.2019 passed by the learned Addl.Session

Judge –cum Special Judge ,Keonjhar, vide

connection with Nayakote P.S. Case No.34/2019

corresponding to Special Case No.83/2019 pending

before the court of learned Addl.Session Judge –cum

Special Judge ,Keonjhar.

AND
In the matter of:
Debabrata Sahoo @ Mithun @ Debaprasad
Sahoo, aged about 25 years, S/o:
Kurtibasa Sahoo, At/Po: Singhpur,
Ps; Nayakote, Dist: Keonjhar.
…… Appellant
(In Jail Custody)
 -Versus-

1. State of Odisha.

2. Biswanath Pradhan , S/o- Late Bhuban

Pradhan At- GajapurP.o- Singhapur, P.s-

Nayakote, Dist-Keonjhar .

……Respondents.

(The matter out of which this Criminal Appeal arises was

not earlier before this Hon’ble Court as per the instruction

received . However,the BLAPL application No.10914 of

2019 was disposed of dated 22.01.2020 as withdrawn and

taking liberty to file Criminal Appeal before appropriated

authority .)

To,

The Hon’ble Shri Justice Kumari Justice Sanju Panda

B.A.L.B, the Acting Chief Justice of the Hon’ble High Court of

Orissa and His Lordship’s others companion Justices of the said
Hon’ble Court
The humble petition of the

appellant above-named.
MOST RESPETFULLY SWETH:

1. That, the petitioner has been initially implicated in a

case under section 376(2)(n) / 313 / 506 of I.P.C. 1860, read

with sec 6 of POSCO Act 2012 and subsequently charge-sheet

has been filed under Section 376(2)(n) / 313 / 506 of I.P.C.

1860 IPC, read with U/s- 6 POCSO Act read with U/s- U/s-3(2)

(v)(va) of SC and ST Act, in connection with Nayakote P.S. Case

No.34/2019 corresponding to Special Case No.83/2019 pending

before the court of learned Addl.Session Judge –cum Special

Judge ,Keonjhar, and languishing in jail custody.

2. That the prosecution story in a gamut is as follows

that one Biswanath Pradhan had lodged a written report F.I.R
before the I.I.C Nayakote on 5.10.2019 stating to the fact
that the petitioner had kept love relationship with the
daughter of the informant who is studying in +2 in Suakati
college for more than 1 year and made her pregnant of 3
month. It is further alleged that the petitioner promised to
marry the daughter of the informant and in return forced her
daughter to make abortion of the child and provide medicines
accordingly. The informant sends her daughter to the house
of the petitioner but the petitioner left her out.

Copies of the FIR and Charge-sheet are filed

herewith marked as ANNEXURE -1 Series for kind
appreciation.
3. That, the petitioner humbly submits that he is
completely an innocent person and has been falsely
implicated in the case only in order to harass him.

4. That the petitioner in the mean time

approached before the Addl. Sessions Judge-cum- Spl. Judge
Keonjhar for bail on dated 10.12.2019. But the learned court
below rejected the aforesaid bail petition on the ground that
the investigation is in progress and since there is strong
prima facie case against the petitioner this court did not
inclined to consider the bail application, which is completely
illegal & unsustainable in the eye of law.
A copy of the rejection order dated
29.01.2019 is filed herewith as ANNEXURE – 2 for kind
appreciation.

Being aggrieved with the

order dtd. 10.12.2019 passed
by the court below, the
appellant finding no other way
preferred the criminal appeal
on the following amongst
other:

GROUNDS

(I) For that, the impugned order of rejection passed

by the court below dated 10.12.2019 is
otherwise illegal & liable to be set aside.

(II) For that, as per FIR there is an allegation of

commission of offence under section 376(2)(n) /
313 / 506 of I.P.C. 1860, read with sec 6 of
 POSCO Act 2012 and However the police after
investigation Add the offence U/s-3(2) (v)(va) of
SC and ST Act IPC subsequently charge-sheet
has been filed under Section 376(2)(n) / 313 /
506 of I.P.C. 1860 IPC, read with U/s- 6 POCSO
Act read with U/s- U/s-3(2) (v)(va) of SC and ST
Act. and the learned court below without
visualizing the aforesaid evidence with an illegal
manner vide order dated- 10.12.2019 rejected
the bail application of the appellant, which is
completely illegal and unsustainable in the eye of
law and the said is liable to set aside.

(III) For that, as per medical evidence there is no

such bodily injury found on the body of the
victim girl. As such the allegation of the offences
U/s- 376(2)(n) IPC as well as the offences U/s- 6
POCSO Act is not made out and as per allegation
the learned court below without visualizing the
said fact with an illegal manner rejected the bail
application of the appellant, which is completely
illegal and unsustainable in the eye of law and
the said is liable to be set aside.

iv. For that, as per evidence, it clearly reveals that the

petitioner is also want to submit here that the

daughter of the informant is not a minor girl. She is

very much major. A bare glance of the anganwadi

certificate of the daughter of informant would go to

show that she was born in the year 10.01.2000 and

the cause of action arose in the year 05.10.2019.

 thus at the time of love relation the petitioner is very

much major girl.that the beyond the reasonable

doubt establish the age of the victim ,when ever it

is relevant , However the learned court below

without considering the aforesaid facts and

circumstances of the case, with an illegal manner

rejected the bail application of the appellant, which

is completely illegal and the said is liable to be set-

aside. (A copy of the anganwadi certificate is

annexed herewith as Annexure-3)

V. That it is profitable to mention here that, the

prosecution never prima facie satisfied that, that the

victim was staying with petitioner at his home,

victim did not object to the act of the husband ,and

therefore even that offence was not established .

there is a reasonable ground to proceed with the

case accusing the petitioners. The allegations labeled

against the petitioners are totally false, vexatious

and baseless and made with ulterior motive. One

cannot be punished without causing any offence in

any manner whatsoever the charges which labeled

against the petitioners are also not grievous in

nature. The nature and gravity and the

circumstances in which the offence is committed as

it is alleged in the FIR by the Prosecution is also not

 done under the extremely brutal, grotesque and

dastardly manner. So a lenient view may be taken at

the time of considering the bail application of the

petitioner

VI. That it is also one of the cardinal principles of

criminal jurisprudence bail is the rule but jail is the

exception. If the attendance of the petitioners being

secured at trail, then there should not be any

hesitation to release the petitioners on bail. The

petitioners undertake to remain present during trail

and will support the investigation including the trail

as well.

vii. That, the appellant has been languishing in jail custody for
a period of more than 2 months. However the learned
court below without considering the aforesaid facts and
circumstances of the case, with an illegal manner rejected
the bail application of the appellant, which is completely
illegal and the said is liable to be set-aside.

PRAYER

It is therefore, prayed that the

appeal may be admitted after hearing the counsel,

this Hon’ble Court may kindly set-aside the order

10.12.2019 passed by the learned Addl.Session

Judge –cum Special Judge ,Keonjhar, vide

connection with Nayakote P.S. Case No.34/2019

 corresponding to Special Case No.83/2019 pending

before the court of learned Addl.Session Judge –cum

Special Judge ,Keonjhar.

. And further direct the appellant to be released

on bail on any terms and conditions as fixed by this
Hon’ble Court.

And Pass such other order(s)/direction

(s) as may be deem fit and proper in the bonafide interest
of justice;

And for which act of kindness the

appellant as in duty bound shall ever pray.

By the appellant through

Date
Cuttack

Advocate

Certificate

Certified that the grounds set forth in the CRLA are good
grounds and I under take to support them at the time of
hearing.

Advocate

Further due to want of cartridge paper this has been

typed in thick white papers.

Advocate