Allowed

Dilli @ Dillip Naik v. State of Odisha

Orissa HC4 Mar 2024BLAPL/3524/2023

Case brief

AI extract

What is this about?

The High Court granted bail to the petitioner who had been in custody for over a year. The trial was incomplete with only partial prosecution evidence. The release was made subject to conditions including personal appearance, not leaving jurisdiction, and refraining from criminal activity.

What did the court decide?

Petitioner released on bail with conditions of personal appearance, not leaving jurisdiction, and avoiding criminal activity.

Dilli @ Dillip Naik Vs State of Odisha — Bail and Remand | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.3524 of 2023

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Dilli @ Dillip Naik …. Petitioner Mr. G. K. Routray, Advocate

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-versus-

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…. State of Odisha Opposite Party Mr. P. K. Mohanty, ASC

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CORAM:

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MR. JUSTICE D.DASH

Order No.

ORDER 04.03.2024

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

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This is the successive journey of this petitioner, who is in custody in connection with Tarasingi P.S. Case No.85 of 2010, corresponding to G.R. Case No.454(B) of 2010, corresponding to S.T Case No.48 of 2020 pending in the Court of the learned Additional Sessions Judge, Bhanjanagar for offence punishable under section 147/148/294/324/326/307/506/227/302/149 of the Indian Penal Code, in filing this application under section 439, Cr.P.C. for his release on bail. 3. Learned Counsel for the Petitioner submits that although the Petitioner has been taken to custody in the case on 21.12.2019 as of now only six (6) prosecution witnesses out of the cited eighteen (18) have been examined and that shows that the trial is not expected to be complete so soon. He further submits that although it is held that the Petitioner has dealt a blow on the head of the deceased by Tangia, the same is not receiving corroboration from the evidence of the Doctor, who had conducted Post Mortem Examination over the dead body of the deceased. In view of all these above, when the Petitioner is a permanent

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// 2 //

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residence of District of Ganjam and when there remains no scope on the part of the Petitioner to flee from justice as also the question of tampering the evidence, at this stage does not arise, he urges for reconsideration of the prayer for grant of bail to the Petitioner.

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Learned counsel for the State opposes the move in view of the nature of allegation and the role said to have been played by the Petitioner in the said incident in giving the fatal blow on the head of the deceased.

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Considering the submissions made and on going through the materials on record further keeping in view the surrounding circumstances including the period of detention of the Petitioner in custody; while being inclined to reconsider the prayer for grant of bail to the Petitioner; it is directed that the petitioner be released on bail in the aforesaid case with such terms and conditions as deemed just and proper by the court in seisin of the case with further condition that:-

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a) petitioner will appear in person before the Court in seisin of the case on each date of posting of the case till conclusion of the trial; and

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b) will not leave the jurisdiction of the Court in seisin of the case; and

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c) will not indulge himself in any criminal activity.

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Violation of any of the condition(s) shall entail cancellation of the bail.

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The BLAPL is accordingly disposed of. Issue urgent certified copy as per rules.

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Signature Not Verified

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Digitally Signed Signed by: GITANJALI NAYAK Designation: Junior Stenographer Reason: Authentication Location: OHC Date: 13-Mar-2024 18:00:59 Gitanjali

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Dilli @ Dillip Naik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dilli @ Dillip Naik v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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