Orissa High Court
Akhaya Kumar Nayak @ vs State Of Odisha on 23 September, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.605 of 2024
Akhaya Kumar Nayak @ ..... Appellant
Maina Baba
Represented By Adv. -
Ashesh Kumar Prusty
-versus-
State Of Odisha ..... Respondent
Represented By Adv. -
Mr.U.C.Jena, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
23.09.2025
Order No.
06. I.A.NO.2600 OF 2025
1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. This is an application for grant of interim bail.
3. Heard learned counsel for the Appellant-Petitioner as
well as the learned Additional Standing Counsel for the
State-Respondent.
4. Learned counsel for the Appellant-Petitioner at the
outset contended that the Appellant-Petitioner is
languishing in custody for more than six years. He further
submitted that in the meantime, the present appeal has
been filed challenging the judgment of conviction and
sentence passed by the learned Ad hoc Additional District &
Sessions Judge FTSC (POCSO), Jagatsinghpur in Special
G.R.Case No.18 of 2016 arising out of Tritol P.S.Case
No.252 of 2016. By virtue of the judgment dated 20.01.2024
the Appellant-Petitioner has been convicted and sentenced
to undergo R.I. for 20 years and to pay a fine of Rs.20,000/-
in default to undergo R.I. for six months for commission of
the offence under section 376-D of the Indian Penal Code.
5. Learned counsel for the Appellant-Petitioner
submitted that the Appellant-Petitioner at the moment is
ailing and under treatment in the jail. Accordingly, a report
was called for from the District Jail, Jagatsinghpur.
6. Learned Additional Standing Counsel for the State
produced a report of the Jail Medical Officer, District Jail,
Jagatsinghpur. On perusal of the report, it appears that Jail
medical Officer has opined that the Petitioner is a known
case of Type-2 Diabetes Melitus with Diabetic peripheral
Neuropathy with co-morbidity of Bronchial Asthma. It has
also been stated that his vitals are found to be stable and
he is suffering from ILI (Influenza like Infection). On such
ground, learned counsel for the Petitioner be released on
interim bail so that he can be taken care by his family
members.
7. Learned Additional Standing Counsel for the
Respondent objected to the release of the Appellant-
Petitioner on interim bail on the ground that although the
Appellant-Petitioner is suffering, he is being taken care of
by the Jail Medical Officer.
8. Having heard learned counsels for the respective
parties, on careful examination of the submissions made by
the learned counsel for the parties, further keeping in view
the report furnished by the Jail Medical officer,
Jagatsinghpur, this Court is inclined to release the
Appellant-Petitioner on interim bail for a period of four
weeks from the date of his release from custody by the
learned trial court on such terms and conditions as the
learned trial court may deem just and proper in the facts
and circumstances of the case. It is also directed that the
Appellant-Petitioner shall not misuse the liberty while on
interim bail and on expiry of interim bail period he shall
surrender on or before the due date. Such interim bail
period shall be counted from the date of release of the
Appellant-Petitioner from jail custody. Violation of any of
the conditions shall entail cancellation of the interim bail.
6. List CRLA No.605 of 2024 in the week commencing
from 10th November, 2025.
( A.K. Mohapatra)
Judge
RKS
Location: High Court of Orissa
