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2026 DAILYLAW 592 (ORI)

KAILASH NAIK v. STATE OF ODISHA

BLAPL/97/2026 · 2026-03-23

Gourishankar Satapathy

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.97 of 2026 Kailash Naik … Petitioner Mr. B. Swain, Advocate -versus- State of Orissa … Opposite Party Mr. M.R. Patra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 23.03.2026 05. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Khamar PS Case No.460 of 2025 corresponding to GR Case No.837 of 2025 pending in the file of learned SDJM, Pallahara, Angul for commission of offences punishable U/Ss.303(2) of BNS, on the main allegation of committing theft of Rs.4,00,000/- by taking the ATM card of the informant. 3. Heard, Mr. Bijay Swain, learned counsel for the petitioner appearing virtually and Mr. M.R. Patra, learned Additional Public Prosecutor in the matter and perused the record. 4. After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the accusations sought to be brought against him and regard being had to the pre-trial detention of the petitioner in custody with submission of charge-sheet in the meantime and the conduct of the petitioner in not misusing the liberty so granted to him in the form of interim bail and the offences being triable by magistrate and not punishable beyond three years and taking into account the other circumstances on record in entirety including the inherent right of the accused to be presumed innocent until proven guilty at the trial and lastly, the law laid down by the Apex Court in Satender Kumar Antil Vrs. Central Bureau of Investigation; (2022) 10 SCC 51, this Court without expressing any view on merit admits the petitioner to bail. 5. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following condition:- (i) the petitioner shall appear before the IIC of the concerned local Police Station once in a week preferably on a Sunday in each month in between 10 A.M. to 12 Noon for three (03) months from the actual date of release from the custody. The IIC of the Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated. 6. Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Jayakrushna