Gandu Naik vs State Of Odisha .... Opp. Party on 7 February, 2025

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Orissa High Court

Gandu Naik vs State Of Odisha .... Opp. Party on 7 February, 2025

Bench: S.K. Sahoo

                             IN THE HIGH COURT OF ORISSA AT CUTTACK

                                            BLAPL No.1119 of 2025

                               Gandu Naik                          ....       Petitioner

                                                  Mr. Sidhartha Sankar Ray-2,
                                                  Advocate

                                                        -versus-

                               State of Odisha                     ....      Opp. Party

                                                  Mr. Jateswar Nayak,
                                                  Addl. Govt. Advocate
                                                  CORAM:
                                              JUSTICE S.K. SAHOO
                                                     ORDER

Order No.                                          07.02.2025
                                               I.A. No.173 of 2025
         01.                      This   matter    is    taken     up   through     Hybrid

arrangement (video conferencing/physical mode).

This is an application for interim bail on the ground that the mother of the petitioner expired on 02.02.2025 and in order to perform the obsequies ceremony, the presence of the petitioner is highly necessary. In support of the averments taken in the interim bail application, learned counsel for the petitioner has annexed a letter dated 03.02.2025 issued by the Sarpanch, Nuagada Gram Panchayat to the interim bail application. He produced the original Signature Not Verified letter in Court. The said letter is taken on record.

Digitally Signed Signed by: SIPUN BEHERA Reason: Authentication

Learned counsel for the State submits that Location: HIGH COURT OF ORISSA, CUTTACK Date: 07-Feb-2025 17:19:20 though he has received the copy of interim bail Page 1 of 3 application, he is yet to get instruction about the correctness of the averments taken in the interim bail application.

Considering the submissions made by the learned counsel for the respective parties, taking into account the averments taken in the interim bail application and the letter produced by the learned counsel for the petitioner, I am inclined to release the petitioner on interim bail for a period of two weeks from the date of release. The petitioner shall surrender before the learned trial Court immediately on expiry of the two weeks.

Let the petitioner be released on interim bail for the aforesaid period to the satisfaction of the learned trial Court in connection with S.T. Case No.65 of 2020 arising out of Sorada P.S. Case No.191 of 2019 of the Court of learned Addl. Sessions Judge, Bhanjanagar, Ganjam with the following conditions:-

(i) He shall furnish bail bond of Rs.50,000.00 (rupees fifty thousand) with two solvent local sureties each for the like amount to his satisfaction with further terms and conditions as the learned Court may deem just and proper;

(ii) Before accepting the bail bonds, the learned Signature Not Verified trial Court shall verify the averments taken Digitally Signed Signed by: SIPUN BEHERA Reason: Authentication in the interim bail application regarding Location: HIGH COURT OF ORISSA, CUTTACK Date: 07-Feb-2025 17:19:20 death of the mother of the petitioner Page 2 of 3 through the Inspector in-charge of Sorada Police Station;

(iii) The petitioner shall not indulge in any criminal activities while on interim bail and shall not tamper with the prosecution evidence in any manner;

(iv) The petitioner shall not leave the territorial jurisdiction of the learned trial Court during the interim bail period.

Accordingly, the I.A. is disposed of.

( S.K. Sahoo) Judge BLAPL No.1119 of 2025

02. List this matter on 28.02.2025.

Learned counsel for the petitioner shall file the surrender certificate of the petitioner for consideration of the bail application on merit before the next date.

Issue urgent certified copy of the order during the course of the day.

A free copy of the order be handed over to the learned counsel for the State.

A copy of the order be communicated to the learned trial Court.

Signature Not Verified

( S.K. Sahoo) Digitally Signed Signed by: SIPUN BEHERA Reason: Authentication Judge Location: HIGH sipunCOURT OF ORISSA, CUTTACK Date: 07-Feb-2025 17:19:20 Page 3 of 3

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