Vijaya Kumar Patel @ Antol vs State Of Odisha
2023 Latest Caselaw 10499 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     BLAPL No. 2697 of 2023

                 Vijaya Kumar Patel @ Antol        ....                   Petitioner
                                                         Mr. S.K. Das, Advocate

                                            -versus-

             State of Odisha                       ....              Opposite Party
                                                           Mr. S. Mishra, ASC
                                               Mr. R.N. Panda, Adv (Informant)

                                   CORAM: JUSTICE V. NARASINGH

                                          ORDER

31.08.2023 Order No.

02. 1. Heard learned counsel for the Petitioner, learned counsel for the informant and learned counsel for the State.

2. The Petitioner is an accused in connection with G.R. Case No.1404 of 2022 pending on the file of learned J.M.F.C.-IV, Cuttack arising out of Chauliaganj P.S. Case No.334 of 2022 for commission of alleged offence under Sections 395 of IPC read with Section 25/27 of Arms Act.

3. Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Sessions Judge, Cuttack by order dated 20.02.2023 in the aforementioned case, the present bail application has been filed.

4. It is submitted by the learned counsel that the petitioner is in custody since 28.10.2022 and as charge sheet has already been filed on 18.02.2023, he may be released on bail.

5. Learned counsel for the State as well as informant opposes the prayer for bail.

6. It is brought to the notice that this Court had rejected the bail application of co-accused Tapas Kumar Jena and Deepak Jha by orders dated 17.03.2023 and 04.07.2023 in BLAPL Nos.12987 and 13064 of 2022 respectively, who were identified in the T.I. Parade and there was also recovery from the said co-accused like present petitioner.

7. It is further brought to the notice of the learned Court that the present petitioner is at flight risk.

8. Taking into account the order of rejection relating to the co- accused and since prima facie the petitioner is similarly placed, relying on the judgment of the Apex Court in the case of Satender Kumar Antil vrs. Central Bureau of Investigation & another, reported in 2022 (10) SCC 51, relating to parity, this court is not inclined to entertain this bail application at this stage.

9. Accordingly, the BLAPL stands disposed of.

(V. NARASINGH) Judge Santoshi

Signature Not Verified Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa Date: 01-Sep-2023 19:56:50