Akshay Ojha vs State Of Odisha

S.K. Sahoo, J

I.A. No.1266 of 2021

This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application for interim bail on the ground that the mother of the petitioner is a cancer patient and she has been hospitalized in Sushrut Hospital, Mumbai for her treatment and she has to undergo operation for bilateral oophorectomy on 15.12.2021. It is further submitted that the father of the petitioner, namely, Mahesh Kumar Ojha is an aged man and he is also suffering from various ailments and the presence of the petitioner is very much necessary and therefore, the interim bail application may be favourably considered.

Learned counsel for the State was asked to obtain instruction on the interim application so also regarding the authenticity of the medical documents annexed to the interim application.

Today, the learned counsel for the State has produced the letter dated 10.12.2021 of the Inspector in-charge of Barbil police station which indicates that the mother of the petitioner is undergoing cancer treatment by Dr. S.H. Advani, Oncologist in Sushrut Hospital, Mumbai and the doctor advised her to undergo surgery bilateral oophorectomy on 15.12.2021 and the father of the petitioner is also undergoing asthama and cardiac treatment. It is further mentioned that the medical documents, which have been filed are genuine. The written instruction of the Inspector in-charge of Barbil police station is taken on record.

Considering the submissions made by the learned counsel for the respective parties, the averments taken in the interim application, the medical documents annexed therein and the instruction obtained from Inspector in-charge of Barbil police station by the learned counsel for the State, I am inclined to release the petitioner on interim bail.

The interim bail period shall start from 15.12.2021 and the petitioner shall surrender before the learned trial Court on 03.01.2022.

Let the petitioner be released on interim bail for the aforesaid period in connection with Barbil P.S. Case No.94 of 2021 corresponding to G.R. Case No.310 of 2021 pending before the learned J.M.F.C., Barbil on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to his satisfaction with further terms and conditions as the learned Court may deem just and proper. While on interim bail, the petitioner shall not try to come in contact with any of the prosecution witnesses or tamper with the evidence and if the petitioner leaves the local jurisdiction of the learned trial Court, he shall obtain prior permission of the learned trial Court and he shall give details of his place of abode and mobile number to the prosecuting agency for verification from time to time and he shall not indulge in any criminal activities in any manner.

Violation of any terms and conditions shall entail cancellation of interim bail.

I.A. is accordingly disposed of.

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

A free copy of this order be handed over to the learned counsel for the State for onward transmission to the Inspector in-charge of Barbil police station.

Urgent certified copy of this order be granted on proper application in course of the day.