Orissa High Court
CRLA/382/2026 of KANHA@NIRAKAR SWAIN Vs STATE OF ODISHA on 3 September 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLA No.382 of 2026 CNR No. ODHC010254982026 Kanha @ Nirakar Swain … Appellant Mr. H.Dhal, Sr. Advocate along with Mr. N. Mohapatra, Advocate -versus- State of Odisha and another … Respondents Mr. M.R. Patra, Addl. PP CORAM: JUSTICE G.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.382 of 2026
CNR No. ODHC010254982026
Kanha @ Nirakar Swain
…
Appellant
Mr. H.Dhal, Sr. Advocate along with
Mr. N. Mohapatra, Advocate
-versus-
State of Odisha and another
…
Respondents
Mr. M.R. Patra, Addl. PP
CORAM: JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL)
03.09.2026
05.
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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 04.04.2026 passed in Spl. GR Case No.14 of 2026 by which the learned Addl. District & Sessions Judge-cum-Special Court under POCSO Act, Kendrapara has refused to release the appellant on bail in connection with Rajkanika PS Case No.60 of 2026, for commission of offences punishable U/Ss. 137(2)/64/115(2)/296/351(2)(3)/3(5) of B.N.S r/w Sec.6 of POCSO Act and Sections 3(1)(r)(s)/3(2)(va) of the Act, on the main allegation of kidnaping the victim belonging to “SC” community and committing rape and aggravated penetrative sexual assault upon her by taking advantage of her Caste.
3. Heard, Mr. Harmohan Dhal, learned Sr. counsel who is being assisted by Mr. Dhananjay Das, learned counsel for the appellant; Mrs. Mamata Mishra, learned counsel for the informant and Mr. M.R. Patra, learned Additional Public Prosecutor in the matter and perused the record together with copy of deposition of the victim as produced.
4. After having considered the rival submissions and ongoing through the materials placed on record keeping in view the evidence of the victim, this Court does not consider it proper to grant bail to appellant.
5. Hence, the prayer for bail of the appellant stands rejected. Accordingly, the CRLA stands dismissed.
(G. Satapathy)
Judge
Priyajit
Digitally Signed Signed by: PRIYAJIT SAHOO Designation: Sr. Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 03-Sep-2026 19:44:51 Signature Not Verified