Orissa High Court
Krishna Barik @ Rahul vs State Of Odisha on 22 September, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.286 of 2018
Krishna Barik @ Rahul .... Appellant/
Petitioner
Mr. P.S. Das, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. Aurovinda Mohanty,
Addl. Standing Counsel
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE S.S. MISHRA
ORDER
Order No. 22.09.2025
16. Learned counsel for the appellant has filed the
interim application for bail in Court today.
Let the interim application be registered.
( S.K. Sahoo)
Judge
( S.S. Mishra)
Judge
17. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
This is an application under Section 389 of
Cr.P.C. for grant of bail.
Heard.
The appellant-petitioner has been convicted
under section 396 of the Indian Penal Code and
sections 25/27 of the Arms Act, 1959 and sentenced
to undergo imprisonment for life and to pay a fine of
Rs.5,000/- (rupees five thousand), in default, to
undergo further R.I. for a period of one year for the
offence under section 396 of the Indian Penal Code,
R.I. for a period of five years and to pay a fine of
Rs.2,000/- (rupees two thousand), in default, to
undergo further R.I. for a period of one year for the
offence under section 25 of the Arms Act and R.I. for
a period of seven years and to pay a fine of
Rs.5,000/- (rupees five thousand), in default, to
undergo further R.I. for a period of one year for the
offence under section 27 of the Arms Act and all the
sentences were directed to run concurrently by the
learned Additional Sessions Judge, Keonjhar in S.T.
Case No.15/54 of 2015.
Learned counsel for the petitioner submitted that
the petitioner is in judicial custody since 15.08.2014
and since the petitioner is a local man, there is no
chance of absconding and there is no chance of early
hearing of the appeal in the near future and therefore,
the bail application of the petitioner may be
favourably considered.
Learned counsel for the State, on the other hand,
opposed the prayer for bail and placed the impugned
judgment and also the evidence of the doctor
(P.W.17), who conducted post mortem examination.
In view of the available material on record, while
not inclining to release the petitioner on bail on merit,
but taking into account his period of detention in
judicial custody and absence of any chance of early
hearing of the appeal in the near future and since the
petitioner is a local man, we are inclined to release
the petitioner on interim bail for a period of three
months from the date of release. 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
be released on interim bail in the aforesaid case on
furnishing bail bond of Rs.20,000/- (rupees twenty
thousand) with one local solvent surety for the like
amount to the satisfaction of the learned trial Court.
While on interim bail, the petitioner shall not indulge
in any criminal activities and he shall report before
the Inspector in-charge of Champua police station
once in a week on every Sunday in between 10.00
a.m. to 4.00 p.m.
Violation of any of the conditions shall entail
cancellation of interim bail.
The Inspector in-charge of Champua police
station shall keep close watch over the activities of
the petitioner while on interim bail and submit a
report to this Court through the learned counsel for
the State.
The I.A. is accordingly disposed of.
( S.K. Sahoo)
Judge
( S.S. Mishra)
Judge
18. List this matter in the week commencing from
05.01.2026. Learned counsel for the appellant shall
produce the surrender certificate of the appellant on
the next date.
Urgent certified copy of this order be granted as
per rules.
( S.K. Sahoo)
Judge
( S.S. Mishra)
RKMby: RABINDRA KUMAR MISHRA
Designation: Personal Assistant
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 23-Sep-2025 14:09:50
