Orissa High Court
CRLA/232/2026 of ABANI KUMAR GIRI Vs STATE OF ODISHA on 9 September 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLA No.232 of 2026 CNR No. ODHC010134862026 Abani Kumar Giri … Appellant Mr. S. Sarangi, Sr. Advocate along with Mr. A.K. Nayak, Advocate -versus- State of Odisha & Another … Respondents Mr. T.K. Acharya, Addl. PP CORAM: JUSTICE G.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.232 of 2026
CNR No. ODHC010134862026
Abani Kumar Giri
…
Appellant
Mr. S. Sarangi, Sr. Advocate
along with Mr. A.K. Nayak, Advocate
-versus-
State of Odisha & Another …
Respondents
Mr. T.K. Acharya, Addl. PP
CORAM: JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL): 09.09.2026
04.
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1. This Criminal Appeal Under Section 14-A(2) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 together with amendment Act, 2016 (in short, “the Act”) in nature of bail is directed against the impugned order dated 17.02.2026 passed by the learned Special Judge, Rairangpur in G.R. Case No. 01/1515 of 2026 arising out of Badampahad P.S. Case No.169 of 2025 refusing to grant bail to the appellant for commission of offence punishable U/Ss. 64(1) of BNS r/w. Sec.3(2)(v) of the Act, on the main allegation of committing rape upon the victim belonging to ST category by taking advantage of her caste.
2. Heard, Mr. Shantanu Sarangi, learned Senior Counsel, who is being assisted by Mr. Arun Kumar Nayak, learned counsel for the appellant and Mr. T.K. Acharya, learned Addl. Public Prosecutor in the matter and perused the record.
3. After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the appellant vis-à-vis the accusations sought to be brought against him and regard being had to the pre-trial detention of the appellant in custody since 01.12.2025 with submission of charge sheet in the meantime and taking into account the other circumstances on record in entirety including the statement of the victim and the inherent right of the accused-appellant to be presumed innocent until proven guilty at the trial and lastly, no material being collected to suggest that the appellant would abscond or pose threat to the witnesses, if released on bail, this Court without expressing any view on merit, considers it proper to admit the appellant to bail.
4. Hence, the CRLA stands allowed and the impugned order is, hereby, set aside. Consequently, the appellant is directed to be released on bail on such terms and conditions except cash surety as deem fit and proper by the learned Court in seisin over the matter with following condition:-
(i) the appellant shall not contact the victim in any way or in any manner and shall remain away from the house of the victim.
5. Accordingly, the Criminal Appeal stands disposed of. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference.
(G. Satapathy)
Judge S.Sasmal Digitally Signed Signed by: SUBHASMITA SASMAL Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 09-Sep-2026 19:44:58 Signature Not Verified