Prakash Kumar @ Chandra vs State Of Odisha
2023 Latest Caselaw 3421 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     BLAPL No.881 of 2023

             Prakash Kumar @ Chandra             ....                  Petitioner
             Sahoo
                                                 Mr. R. Chhotaray, Advocate
                                          -versus-

             State of Odisha                     ....             Opposite Party
                                                       Mr. P.K. Maharaj, ASC

                               CORAM: JUSTICE V. NARASINGH

                                        ORDER

13.04.2023 Order No.

04. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

2. The Petitioner is an accused in G.R. Case No.58(A) of 2019 pending on the file of learned S.D.J.M., Bonai, arising out of Tikayatpali P.S. Case No.4 of 2019 for commission of the offence under Section 396 IPC.

3. Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Addl. Sessions Judge, Bonai, by order dated 06.12.2022 in the aforementioned case, the present BLAPL has been filed.

4. It is submitted by the learned counsel that the Petitioner is in custody since 15.03.2019 and the accusation is on account of statement co-accused Dipti Ranjan Rout @ Tuna.

5. It is further submitted that the said Dipti Ranjan Rout @ Tuna has been released on bail by order dated 26.04.2021 in BLAPL No.7242 of 2020 and there being no other material to connect the Petitioner with the alleged crime, he may be released on bail.

6. Learned counsel for the Petitioner relies on the bail orders of the co-accused Basanta Parida @ Bapi dated 20.08.2019 in BLAPL No.4998 of 2019 and Subhendu Roul @ Kabu dated 8.2.2021 in BLAPL No.5816 of 2019 and submits that the present Petitioner is similar circumstanced with those accused persons.

7. Learned counsel for the State opposes the prayer, inter alia, on the ground of criminal proclivity of the Petitioner.

8. In the said context, the Petitioner has filed an affidavit stating, inter alia, that he has been cited as an accused in Paradeep P.S Case No.95 of 2018 and Choudwar P.S. Case No.12 of 2019 and has been acquitted by judgment dated 6.2.2023 in S.T. Case No.04/2021 (S.T 26 of 2021) arising out of Choudwar P.S. Case No.12 of 2019.

9. Considering the manner of accusation and the release of the co-accused as noted, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin.

10. While releasing the Petitioner on bail, learned Court in seisin shall verify as to whether there are any other criminal antecedents than the two antecedents noted hereinabove. If it comes

to fore that there is any other criminal antecedent than the two antecedents noted above, this order shall stand recalled.

11. Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

12. Accordingly, the BLAPL stands disposed of.

13. Urgent certified copy of this order be granted as per rule.

(V. NARASINGH) Judge PKS