K. Niraja @ Kore Neeraja Vs State of Odisha — Orissa HC (2024) — LawSathi Research

K. Niraja @ Kore Neeraja Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner directed to surrender before the learned Special Judge, Gajapati within four weeks (with seven days' advance service of the bail application on the Public Prosecutor/Special Public Prosecutor for victim notice) and to be released on interim bail by that Court on the same day of surrender, pending disposal of the bail application on merit at final hearing, subject to the stated conditions.

Issue for consideration

Whether the anticipatory bail application of N. Niraja @ Kore Neeraja in connection with Paralakhemundi P.S. Case No.151 of 2022 (G.R. Case No.76 of 2023, Special Judge, Gajapati) should be disposed of with a direction to surrender and grant of interim bail.

Court's answer

The ABLAPL is disposed of in the light of the earlier order of this Court in Pramod Kumar Ray and others vrs. State of Odisha, (2017) 67 OCR 309.

Ratio / Principle

The petitioner shall surrender before the learned Special Judge, Gajapati in G.R. Case No.76 of 2023 arising out of Paralakhemundi P.S. Case No.151 of 2022 within four weeks.

Key takeaways

Seven days before the surrender, the petitioner or his/her counsel shall serve a copy (or such number of copies as required) of the bail application on the learned Public Prosecutor/Special Public Prosecutor for notice to the victim or his/her dependent.ratio¶17
On consideration of the nature of the offence alleged, the petitioner shall be released on interim bail by the learned Special Judge, Gajapati on the same day of surrender, pending disposal of the bail application on merit at final hearing, on terms deemed just and proper including the stated conditions.ratio¶21

Detailed headnote1 paragraphs

Orissa High Court (Cuttack), ABLAPL No.15829 of 2022 — N. Niraja @ Kore Neeraja v. State of Odisha — Order dated 20.02.2024 (D. Dash, J.). Following the Court's earlier order in Pramod Kumar Ray and others vrs. State of Odisha, (2017) 67 OCR 309, the anticipatory bail application was disposed of by directing the petitioner to surrender before the learned Special Judge, Gajapati in G.R. Case No.76 of 2023 (arising out of Paralakhemundi P.S. Case No.151 of 2022) within four weeks, serving copies of the bail application on the Public Prosecutor/Special Public Prosecutor seven days in advance for notice to the victim or his/her dependent. Upon surrender, the Special Judge was directed to release the petitioner on interim bail the same day, pending disposal of the bail application on merit at final hearing, subject to conditions: weekly appearance before the I.O., abstention from threatening/inducing/coercing witnesses or the victim, and non-involvement in similar or any other offence during the currency of the order.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15829 of 2022

N. Niraja @ Kore Neeraja

…. Petitioner Mr.K. Mohanty, Advocate

-versus-

State of Odisha

…. Opposite Party Mr.P.K. Mohanty, ASC

CORAM:

MR. JUSTICE D.DASH

ORDER

20.02.2024

Order No.

This matter is taken up by hybrid arrangement (virtual/physical mode).

Heard learned counsel for the Petitioner and learned counsel for the State. The photocopy of the charge-sheet filed in Court by the learned counsel for the Petitioner is taken on record.

Considering the submissions and on going through the materials as placed, this Court is inclined to dispose of the ABLAPL in the light of the order passed by this court in the case of Pramod Kumar Ray and others vrs. State of Odisha, reported in (2017) 67 OCR – 309 with the following observations.

The Petitioner shall surrender before the learned Special Judge, Gajapati in G.R. Case No.76 of 2023 arising out of Paralakhemundi P.S. Case No.151 of 2022, within four weeks from today. Seven days before the Petitioner surrenders before the said Court, he or his counsel shall serve a copy of the bail

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application or such number of copies of the bail application on the learned Public Prosecutor/Special Public Prosecutor, as required by him, for the purpose of notice to the victim or his/her dependent.

Taking into consideration the nature of the offence as alleged against the Petitioner, it is directed that the Petitioner shall be released on interim bail by the learned Court of the learned Special Judge, Gajapati on the same day he surrenders in the aforesaid case, pending disposal of the bail application, on merit, at the time of final hearing of the case, on such terms and conditions as deemed just and proper, including the following conditions : –

(1) the Petitioner shall appear before the I.O. once in a week on the day and time fixed by the said I.O. until further order by the learned Special Judge, Gajapati,

(2) the Petitioner shall not threaten, induce or coerce any witness of this case or the victim or his/her dependent in any manner whatsoever; and

(3) The Petitioner shall not involve himself in similar or any other offence during currency of this order. Issue urgent certified copy of this order as per rules.

(D. Dash) Judge

Gitanajli

Signature Not Verified

Digitally Signed Signed by: GITANJALI NAYAK Designation: Junior Stenographer Reason: Authentication Location: OHC Date: 27-Feb-2024 18:07:20

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