Dilip Kumar Barik vs State Of Odisha
2025 Latest Caselaw 4678 Ori

Orissa High Court

Dilip Kumar Barik vs State Of Odisha on 5 March, 2025

Author: S.K. Sahoo

Bench: S.K. Sahoo

                                           IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                             CRLA No.64 of 2019
                                            Dilip Kumar Barik                      .... Appellant/
                                                                                      Petitioner
                                                                 Mr. Prakash Chandra Dash,
                                                                 Advocate

                                                                    -versus-
                                            State of Odisha                        .... Respondent/
                                                                                      Opp. Party
                                                                 Mr. Aurobinda Mohanty,
                                                                 Addl. Standing Counsel

                                                          CORAM:
                                            THE HON'BLE MR. JUSTICE S.K. SAHOO
                                          THE HON'BLE MISS. JUSTICE SAVITRI RATHO
                                                           ORDER

Order No. 05.03.2025

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

This is an application for bail.

Learned counsel for the State has produced the custody certificate received from the Superintendent, District Jail, Kendrapara dated 01.03.2025, which indicates that the petitioner is in judicial custody for more than thirteen years. The custody certificate is taken on record.

Earlier, the bail application of the petitioner has been rejected as per the order dated 09.12.2020 on merit.

Learned counsel for the petitioner has placed the

Signed by: RAJESH KUMAR BADHEI Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK case of Anil Ari -Vrs.- State of West Bengal reported in Date: 06-Mar-2025 18:46:58

AIR 2009 Supreme Court 1564 in which the said accused has been directed to be released on bail under sections 342/302/201/34 of the Indian Penal Code. However, we find that in the concluding paragraph, the bail has been granted not on merit but only on the ground that the said appellant was aged about seventy years. The present appellant was aged about forty years when the judgment was pronounced and now he is around forty four years. Moreover, when the earlier application has been rejected on merit by the Court and it is a case of gang rape and murder, we are not inclined to reconsider the prayer for bail. Accordingly, the bail application of the petitioner stands rejected.

The I.A. is disposed of.

Taking into account of the petitioner in judicial custody for more than thirteen years and the paper book has been prepared, office is directed to add this matter to the "Hearing" list.

List this matter on 17.03.2025.

( S.K. Sahoo) Judge

(Savitri Ratho) Judge Rajesh