Allowed

Nirmal Naik v. State of Odisha

Orissa HC12 Dec 2024BLAPL/7105/2024

Case brief

AI extract

What is this about?

The High Court allowed the bail application of a petitioner charged under Sections 457, 323, 354(A), 307 and 34 IPC. The court noted that the investigation was complete, co-accused were granted bail, and injuries were simple, imposing stringent conditions for release.

What did the court decide?

Bail allowed on furnishing bail bond of Rs.50,000/- with two solvent sureties, subject to stringent conditions.

Nirmal Naik Vs State of Odisha — Bail and Remand | Orissa HC (2024)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

BLAPL No.7105 of 2024

¶3

Nirmal Naik ..... Petitioner(s) Represented By Mr. Salauddin Khan, Advocate -versus- State of Odisha ..... Opposite Party(s) Represented By Ms. Babita Kumari Sahu, AGA

¶4

CORAM:

¶5

THE HON'BLE MR. JUSTICE ANANDA CHANDRA BEHERA

¶6

ORDER Order No. 12.12.2024

¶7

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

¶8

This bail application under Section 483 of the BNS, 2023 has arisen out of G.R. Case No.938 of 2024 in connection of Talcher P.S. Case No.805 of 2024, pending in the court of learned S.D.J.M., Talcher is taken up for consideration.

¶9

The Petitioner has been charge-sheeted on 15.10.2024 under Sections-457/323/354(A)/307 read with 34 of IPC, 1860 on the allegations alleged against him that, after release of the petitioner on bail in a case, in which, offence was committed by him(Petitioner) against the minor victim under POCSO Act, the Petitioner along with others entered into the house of the victim and after entering into the house of the victim, they pushed and pulled the victim and when the father and mother of the victim opposed the illegal activities of the Petitioner and his associates, then, the Petitioner assaulted on the head

¶10

Page 1 of 4

¶11

of the father of the victim through an iron rod and by the result of which, the father of the victim sustained injuries.

¶12

Thereafter, the mother of the minor victim lodged the F.I.R. and basing upon such F.I.R., the case was registered and investigation was started.

¶13

During investigation, the Petitioner was arrested on 23.06.2024 and was forwarded to the Court after being booked with the aforesaid offences and since then, he(Petitioner) is in jail custody.

¶14

The learned counsel for the Petitioner submitted for liberal consideration of his bail contending that, in the meantime, the investigation of the case has already been completed and his coaccused, Dusmanta Naik has already been allowed to go on bail vide order dated 25.09.2024 passed by the learned Additional Sessions Judge, Talcher in B.A. No.409 of 2024, to which, the learned Additional Government Advocate for the State objected contending that, when, after release of the petitioner on bail from the case under POCSO Act, he(Petitioner) and his associates had moved to the house of the victim and assaulted the father and mother of the victim, then, in these nature of allegations, the Petitioner should not be allowed to go on bail.

¶15

During the course of hearing of the bail application, the learned counsel for the petitioner submitted the copy of the bail order of his coaccused passed in B.A. No.409 of 2024, from which, it is forthcoming that, the injuries on the person of the injured are simple in nature.

¶16

When the Investigation of the case has already been completed during the staying of the Petitioner inside the jail, when the co-accused of the Petitioner has already been allowed to go on bail, and when the injuries on the person of the injured are simple in nature, then at this

¶17

Page 2 of 4

¶18

juncture, instead of rejecting the bail application of the petitioner, it is felt proper to allow him (Petitioner) to go on bail with stringent conditions, looking to the future safety and security of the victim, Informant, injured and their family members as well as the interest of the prosecution.

¶19

Therefore, the bail application filed by the petitioner is allowed.

¶20

He (Petitioner) is allowed to go on bail on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with conditions that:-

¶21

(i) he(Petitioner) shall not involve with similar nature of crime in future.

¶22

(ii) he(Petitioner) shall appear before the IIC, Talcher Police Station on each Sunday once during the day time, hence, till the end of March, 2025, intimating the IIC that, he is not involved in any other case.

¶23

(iii) he(Petitioner) shall remain present personally on each date of adjournment of the case before the trial Court till its conclusion.

¶24

(iv) he(Petitioner) shall not terrorize, coerce, influence or threat any witnesses of the prosecution including the victim/informant, and their family members either directly or indirectly in any manner whatsoever at any stage of the proceeding of the case, but, in case of his failure to comply any of the aforesaid conditions, the learned Court in seisin over the matter is authorized to cancel his bail order outrightly without seeking any permission for the same from

¶25

Page 3 of 4

¶26

this Court.

¶27

Accordingly, the bail application of the Petitioner is disposed of finally with a copy to the IIC, Talcher P.S. for his information and report to the Court, in case of violation of any of the above conditions by the Petitioner for necessary order by the Court in seisin over the matter on the basis of such report.

¶28

Grant certified copy of this order to the petitioner on proper application.

¶29

Narayan

¶30

Signature Not Verified

¶31

Digitally Signed Signed by: NARAYAN HO Reason: Authentication Location: OHC Date: 12-Dec-2024 18:33:35

¶32

Page 4 of 4

Nirmal Naik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Nirmal Naik v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ajit Barla Vs State of Odisha

Ghasi Harijan Vs State of Odisha

Mantunu Behera Vs State of Odisha

Tuloram Vs Sodan

Rajesh @ Jagadish Gadtya Vs State of Odisha

Kailash Choudhury Vs State of Odisha