Nanda @ Basanta Kumar Sitha vs State Of Odisha

I.A. No.1254 of 2023

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

This is an application for interim bail filed by the Appellant-Petitioner on the ground that his daughter’s marriage is going to be solemnized on 12.06.2023 and his presence is necessary at the time of marriage and in support of the averments taken, marriage invitation card has been annexed to this application as Annexure-1.

Learned counsel for the State was asked to obtain instruction in the I.A.. Learned counsel for the State has produced the enquiry report dated 07.06.2023 submitted by the IIC, Sarankul Police Station along with the marriage invitation card, wherein it is mentioned as follows:-

“In inviting a reference and subject cited above, it is intimate that During enquiry contacted to the IIC, Itamati Police Station over mobile phone about the matter as the native village of accused person Nanda @ Basanta Kumar Sitha, S/O-Madan Sitha of village Khairapati, PS-Sarankul, A/P-Under Kendudhipi GP, PS-Itamati, Dist-Nayagarh. I also inquiried into the matter at village of bridegroom, Haridabandha and it is ascertained that Miki Sitha @ Barsha, daughter of accused Basanta Kumar Sitha is going to marry with Mitu Sitha, S/O- Ranjit Sitha of village Haridabandha on dt.12.06.2023 at the resident of accused Basanta Sitha village Khairapati. In this connection I collected a Xerox copy of invitation card which is attached here with.”

A copy of the enquiry report filed by the learned counsel for the State in Court today is taken on record.

Considering the submissions made by the learned counsel for the respective parties and the instruction received, we are inclined to release the Appellant-Petitioner on interim bail for the period from 09.06.2023 to 25.06.2023 and the Appellant-Petitioner will surrender to the custody of the trial Court on 26.06.2023.

Let the Appellant-Petitioner be released on interim bail for the aforesaid period to the satisfaction of the learned trial Court or the Presiding Officer, who is in-charge of the learned trial Court during the Summer Vacation in connection with ST Case No.151/2016, ST No.220/2016, arising out of GR Case No. 38 of 2016, corresponding to Sarankkula P.S. Case No.20 of 2016 of the Court of learned Sessions Judge, Nayagarh on furnishing 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 conditions that the Appellant-Petitioner shall not indulge in any criminal activities and shall not try to come in contact with the family members of the deceased during the period of interim bail.

Violation of any of the conditions shall entail cancellation of interim bail.

Accordingly, the I.A. is disposed of.

A copy of this order be communicated to the concerned court by the Registrar (Judicial) forthwith.

Issue urgent certified copy as per Rules.

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

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