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Orissa High Court
Ashok Nayak@Asish Kumar vs State Of Odisha on 23 December, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.1352 of 2023
Ashok Nayak@asish Kumar ..... Appellant
Nayak
Represented by Adv. -
Susanta Kumar Mishra
-versus-
State Of Odisha ..... Respondent
Represented by Adv. -Ms.
B.K.Sahu, A.G.A.
Mr.Anirudha Das,amarendra
Das,Abanindra Das,Subash
Chandra Mishra,Khageswar
Behera, Nikita Swain
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
Order No. 23.12.2025
08. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Appellant as well as learned
counsel for the State-Respondent.
3. This is an application for release of the Appellant on interim
bail on the ground of illness of his father.
4. Learned counsel for the Appellant at the outset contended that
the Appellant having been convicted by the learned Addl. Sessions
Judge-cum-Special Court under POCSO Act, in C.T. Case No.02 of
2020 vide judgment dated 15.11.2023 has been undergoing sentence
of a maximum period of 20 years. He further submitted that the
Appellant is in custody since the date of his initial arrest i.e.
16.01.2020. Learned counsel for the Appellant contended that the
Appellant is in custody for almost six years. He further contended
that in the meantime the father of the Appellant has some health
issues. As a result of which he is unable to work. Therefore, the
presence of the Appellant is required for treatment of his father.
5. Learned counsel for the State on the other hand on the basis of
the instruction vide letter dated 22.12.2025 of the IIC, K.Nuagaon
P.S. submitted before this Court that the IIC conducted a local
inquiry, and in course of such inquiry it is found that the health
condition of the father of the Appellant is good and that he can walk
and move freely without any assistance. Although, it has been stated
he is having minor pain on his knees due to old age. It has also been
indicated that the wife of the mother of the Appellant and his two
brothers and daughters-in-laws are there to look after his health.
6. Taking into consideration the fact that the Appellant is
languishing in custody for last six years, this Court is inclined to
release the Appellant on interim bail for a period of two weeks from
the date of his release on jail custody. Such release shall be subject to
such terms and conditions as would be deemed just and proper by the
learned trial court. It is directed that the release of the Appellant on
interim bail shall be subject to Appellant furnishing a bail bond of
Rs.45,000/- with two local solvent sureties each for the like amount
to satisfaction of the learned trial court.
7. On expiry of the interim bail period, the Appellant shall
surrender immediately before the court below, failing which, it is
open to the court below to take coercive action against the Appellant
to ensure that the Appellant is taken back into custody.
8. It is further made clear that in the event any complaint is
received in the police station with regard to Appellant threating the
victim or her family members, it is open to the concerned police to
intimate the aforesaid fact to the learned trial court and in such
eventuality, the learned trial court shall take necessary steps to take
the Appellant back into custody, treating this order as automatically
revoked.
9. Accordingly, the I.A. is disposed of.
10. Issue urgent certified copy of this order as per Rules.
11. List this matter in the week commencing 19th January, 2026.
12. Surrender certificate of the Appellant be produced before this
Court in the meantime.
( A.K. Mohapatra)
Judge
Rubi
