Prakash Naik vs State Of Odisha

S.K. Sahoo, J

I.A. NO. 574 OF 2023

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

This is an application for interim bail on the ground that the father of the petitioner, namely, Ramesh Naik expired on 15.04.2023 and in order to perform the obsequies ceremony, the presence of the petitioner is very much necessary.

When the matter was mentioned on 21.04.2023 by the learned counsel for the petitioner and copy of the application was served on the learned counsel for the State, oral instruction was given to the learned counsel for the State to obtain instruction.

Today, learned counsel for the State has produced the written instruction received from the Inspector in-charge of Gangpur police station dated 24.04.2023 which indicates that the father of the petitioner died on 15.04.2023. The written instruction produced by the learned counsel for the State is taken on record.

Considering the submissions made by the learned counsel for the respective parties, the averments taken in the interim bail application and the instruction obtained by the learned counsel for the State, I am inclined to release the petitioner on interim bail. The interim bail period of the petitioner will start from 25th April 2023 and the petitioner will surrender before the learned trial Court on 15th May 2023.

The learned Court in seisin over the matter shall release the petitioner on interim bail for the aforesaid period in connection with Gangpur P.S.Case No.41 of 2023 corresponding to G.R. Case No. 149 of 2023 pending in the Court of learned J.M.F.C., Aska, Ganjam 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 terms and conditions as the learned Court may deem just and proper including the condition that while on bail, the petitioner shall not try to come in contact with any of the prosecution witnesses or tamper with the evidence and he shall not indulge in any criminal activities in any manner. The petitioner shall not leave the territorial jurisdiction of the learned trial Court without seeking prior permission of the concerned Court.

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

Accordingly, the I.A. is disposed of.

Issue urgent certified copy as per Rules in course of the day.

BLAPL NO. 3482 OF 2023

List this matter on 16.05.2023.

Learned counsel for the petitioner shall file the surrender certificate of the petitioner by the next date.

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