Orissa High Court
Nirakar Naik vs State Of Odisha on 24 November, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.568 of 2019
1. Nirakar Naik
2. Kalu @ Kalia @
Narayan Naik
3. Durga @ Budha
Naik ..... Appellants/
Petitioners
Mr. R.B. Mishra,
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 MR. JUSTICE SIBO SANKAR MISHRA
ORDER
Order No. 24.11.2025
I.A. No.2085 of 2025
19. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
This is an application under section 389 of Cr.P.C.
read with section 430 Bharatiya Nagarika Surakshya
Sanhita, 2023 for grant of bail of appellant no.2, namely,
Kalu @ Kalia @ Narayan Naik.
Heard learned counsel for the petitioner and learned
Addl. Standing Counsel for the State.
The appellants-petitioners have been convicted for
the offences punishable under sections 450/302/34 of the
Indian Penal Code read with section 27(1) of the Arms Act
and sentenced to undergo rigorous imprisonment for life
and to pay a fine of Rs.20,000/- (rupees twenty thousand),
in default, to undergo R.I. for a period of two years each
for the offence under section 302 of the Indian Penal Code,
sentenced to undergo rigorous imprisonment for a period of
five years and to pay a fine of Rs.5,000/- (five thousand),
in default, to undergo R.I. for a period of one year for the
offence under section 450 of the Indian Penal Code and
sentenced to undergo rigorous imprisonment for a period of
3 years and to pay a fine of Rs.3,000/- (rupees three
thousand), in default, to undergo R.I. for a period of six
months for the offence under section 27 (1) of the Arms
Act and all the substantive sentences were directed to run
concurrently by the learned 2nd Addl. Sessions Judge,
Berhampur vide judgment and order dated 18.05.2019
passed in S.T. Case No.153 of 2014.
Learned counsel for the petitioner submitted that the
petitioner's bail application was earlier rejected vide order
dated 23.03.2021.
From the custody certificate, which is dated
04.07.2024, it appears that the custody period of the
petitioner (appellant no.2) as on that date was more than
ten years and one month and thus, by now, he has already
undergone custody for more than eleven years.
Learned counsel for the petitioner submitted that
there is no chance of early hearing of the appeal in the
near future and in view of the detention, the bail
application of the petitioner may be favourably considered.
Learned counsel for the State, on the other hand,
opposed the prayer for bail.
Considering the submissions made by the learned
counsel for the respective parties and in view of the
evidence on record, while not inclining to release the
petitioner on bail on merit, but taking into account the
period of detention of the petitioner in judicial custody and
absence of any chance of early hearing of the appeal in the
near future and keeping in view the ratio laid down in the
case of Leti @ Jayadeb Roy and another -Vrs.- The
State reported in (1990) 3 Orissa Criminal Reports
427, we are inclined to release the petitioner on interim
bail for a period of three months from the date of release
and the petitioner shall surrender before the learned trial
Court immediately on expiry of the three months period.
For the above period, let the appellant-petitioner no.2
Kalu @ Kalia @ Narayan Naik be released on interim bail in
the aforesaid case on furnishing bail bond of Rs.50,000/-
(rupees fifty thousand) with two local solvent sureties each
for the like amount to the satisfaction of the learned trial
Court subject to condition that he shall not indulge in any
criminal activities in any manner.
Violation of any of the conditions shall entail
cancellation of interim bail.
Learned counsel for the State shall produce the
report from the Inspector in-charge of Berhampur Town
P.S., regarding the conduct of the appellant no.2 while on
interim bail.
The I.A. is disposed of accordingly.
A free copy of the order be handed over to the
learned counsel for the State.
( S.K. Sahoo)
Judge
( S. S. Mishra)
Judge
20. List this matter in the week commencing from 24th
February 2026. Learned counsel for the appellants shall
produce the surrender certificate of the appellant no.2 on
the next date.
Urgent certified copy of this order be granted as per
rules.
( S.K. Sahoo)
Judge
( S. S. Mishra)
Judge
Pravakar
Location: HIGH COURT OF ORISSA, CUTTACK
