[Cites 1, Cited by 0]
Orissa High Court
Ajaya Kumar Naik vs State Of Orissa on 9 February, 2026
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb K Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.175 of 2024
Ajaya Kumar Naik .... Appellant(s)
Mr. Amitav Tripathy, Adv.
-versus-
State of Orissa .... Respondent(s)
Miss Gayatri Patra, ASC
Mr. Bijayananda Dash, Adv.
CORAM:
HON'BLE DR.JUSTICE SANJEEB K PANIGRAHI
ORDER
Order 09.02.2026
No. I.A. No.2842 of 2025
14. 1. This matter is taken up through hybrid arrangement.
2. In filing this I.A., the Appellant being in custody
pursuant to the impugned judgment of conviction and
order of sentence dated 23.12.2023 passed by the learned
Additional Sessions Judge-cum-Special Judge under the
POCSO Act, Nayagarh in T.R. No.30 of 2022 arising out of
Daspalla P.S. Case No.223 of 2021, has prayed for releasing
him on bail.
3. Heard.
4. Learned counsel for the Appellant submits that the
Appellant has been convicted and sentenced to undergo
R.I. for twenty-five years. He further contends that since
Assistant the mother of the Appellant has been suffering from
Reason: Authentication
Location: High Court of Orissa
Date: 09-Feb-2026 19:07:10
various old age incurable diseases, presence of the
Appellant at this moment in his house is very much
essential. He further contends that the Appellant is the
sole male bread earner in his family. He, accordingly,
prays for permitting the Appellant to be enlarged on
interim bail.
5. At this juncture, pursuant to the earlier order of this
Court learned counsel for the State produces the
instruction received on the above issue through the
communication dated 20.01.2026 made by the I.I.C,
Daspalla Police Station. Relevant portion of the said
communication is extracted hereinbelow:-
"Kousalya Naik is suffering chest pain and she has
undergone treatment at DHH Khordha vide PR
No.-2112102121025161724 dt.12.10.2025 and the
treating M.O referred her to Capital Hospital
Bhubaneswar she has not gone to capital Hospital
BBSR for treatment, In this connection the
treatment detail of capital Hospital BBSR not
furnished by Kousalya Naik. But on dt 20.01.25, the
patient was sent to CHC Daspalla with requestion
and the MO Dr. Jagannath Dash furnished the
treatment history of Kousalya Naik and opined
that Kousalya Naik is conscious, oriented, some
serological tests and ECG to rule out any acute
cordial infarction and advised to continue the
medicines for CAD (Coronary artery disease) and
also 2D ECHO and ECG and consult a Cardiologist
to know the actual progression and severity of
Digitally Signed 6. Considering the submissions made on behalf of the
Reason: Authentication Appellant and looking to the communication dated
Location: High Court of Orissa
Date: 09-Feb-2026 19:07:10
20.01.2026 made by the I.I.C Daspalla Police Station, this
Court is of the view that the Appellant should be enlarged
on interim bail for taking care of his mother who has been
suffering from various old age incurable diseases. This
Court, accordingly, directs that the Appellant shall be
released on interim bail for a period of one month from the
date of his actual release from the custody in connection
with the above noted case by the learned Court in seisin
over the matter on such terms and conditions as deemed
just and proper with further conditions that he will
positively surrender before the learned Court in seisin over
the matter on the date as would be so directed. The
Appellant is also directed not to threaten the victim or her
family members in any manner.
6. This I.A. is, accordingly, disposed of.
7. List this matter on 24th March, 2026 for final hearing.
8. Both the parties are directed to file their respective
written notes of submissions along with citations, if any, in
their support on or before the next date of listing of this
matter.
Judge
Ayaskanta
Designation: Personal
Assistant
Reason: Authentication
Location: High Court of Orissa
Date: 09-Feb-2026 19:07:10
