Dillip Kumar Acharya @ Babu vs State Of Odisha

I.A. No.663 of 2021

This matter is taken up by video conferencing mode.

Heard Mr. Sahashransu Sourav, learned counsel for the Petitioner - Appellant Dillip Kumar Acharya @ Babu and Mr. B.P. Tripathy, learned Additional Government Advocate for State - Respondent.

This is an application for interim bail on the ground that Petitioner's mother is suffering from some serious ailment and Petitioner's presence is very much necessary for the purpose of her treatment. The I.I.C., Khalikote Police Station has submitted a written instruction that mother of Petitioner Dillip Kumar Acharya @ Babu is not residing in the village referred to in the petition. However, it is submitted by learned counsel for the Petitioner that she is residing in Sri Ram Nagar Lane, Old Town, Bhubaneswar. Mr. Sourav has further brought to our notice that earlier the Petitioner was granted interim bail on 29th May, 2019 in I.A. No.888 of 2019 and that interim order was extended several times and there is no allegation from the side of prosecution that the Petitioner has misused the liberty granted to him or has made any attempt to flee from the process of justice. Moreover, in the meantime the Hon'ble Supreme Court IN RE: CONTAGION OF COVID 19 VIRUS IN PRISONS, in Suo Motu Writ Petitioner (Civil) No.1 of 2021 has passed orders regarding de-congestion of Jails by giving parole to eligible prisoners. The Petitioner is a permanent resident of village Balunkeswarpur under Khallikote P.S. so there is no reasonable apprehension of his fleeing from justice.

Taking in view the aforesaid considerations we are inclined to allow the application for interim bail. Let the Petitioner-Appellant Dillip Kumar Acharya @ Babu be released on interim bail in Sessions Trial No.139 of 2014 arising out of G.R. Case No.292 of 2012 corresponding to Khallikote P.S. Case No.130 of 2012, for a period of thirty days, to be reckoned from the date of his release, on such suitable terms and conditions as deemed just and proper by the learned Additional Sessions Judge, Chatrapur.

After completion of interim bail period he shall surrender before the aforesaid court, failing which appropriate warrant shall be issued for his production.

The I.A. is accordingly disposed of.

Issue urgent certified copy as per rules.

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