Orissa High Court
Keshaba Mallick @ Keshab vs State Of Odisha on 8 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.3659 of 2023
Keshaba Mallick @ Keshab .... Petitioner
Mallick
Mr. S. Dwibedi, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. A. Pradhan, ASC
Mr. S.K. Mishra, Adv.(Informant)
CORAM: JUSTICE V. NARASINGH
ORDER
08.08.2023
Order No.
03. 1. Heard learned counsel for the Petitioner, learned counsel
for the State and learned counsel for the informant.
2. Learned counsel Mr. S.K. Mishra & Associates have filed
vakalatnama on behalf of the informant. The same is taken on
record. Name of Mr. S.K. Mishra & Associates be indicated in the
brief, in the cause list as well as in the web portal of this Court.
3. The Petitioner is an accused in S.T. Case No.28 of 2023
pending on the file of learned Addl. Sessions Judge, Balliguda
arising out of Balliguda P.S. Case No.192 of 2022 for commission
of offence alleged under Sections 302/201/34 IPC.
4. Being aggrieved by the rejection of his application for bail
U/s.439 Cr.P.C. by the learned Addl. District & Sessions Judge,
Balliguda by order dated 01.03.2023 in the aforementioned case,
the present BLAPL has been filed.
5. It is submitted by the learned counsel that one of the co-
accused Girish Chandra Mallick, who is named in the FIR, has
since been released on bail by this Court by order dated 19.05.2023
in BLAPL No.12648 of 2022 and the co-accused Chhabila Malick
(BLAPL No.12631 of 2022) was also released on the same day.
6. Learned counsel for the Petitioner relies on the order dated
27.06.2023 & 10.07.2023 passed in BLAPL Nos.3660 & 4954 of
2023 in respect of co-accused Madan Mallick & Kabiraj Thela and
seeks release, inter alia, on the ground of parity.
7. It is apt to note here that while releasing the co-accused
Madan Mallick, this Court had taken note of the Coordinate
Bench's order dated 19.05.2023 adverted to hereinabove and the
statement of one of the eye witnesses, namely, Rukmani Mallick.
8. It is stated by the learned counsel for the State that the
implication of the Petitioner is primarily on the confessional
statement of the co-accused Dusasana Mallick.
9. Keeping in view the manner of accusation and the number
of injuries suffered, learned counsel for the State as well as
informant oppose the prayer for bail.
10. On perusal of the statement of Rukmani Mallick, it is seen
that the present Petitioner has been named as one of the aggressors.
While granting bail to the co-accused the Coordinate Bench had
taken note of the said statement but taking cognizance of the
manner of assault and no particular role being attributed to the
Petitioner therein granted bail to the co-accused.
11. Keeping in view the release of the co-accused and in the
light of 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 directs
the Petitioner to be released on bail on such terms to be fixed by the
learned Court in seisin.
12. While releasing the Petitioner on bail, learned Court in
seisin shall verify the criminal antecedent of the Petitioner. If it
comes to fore that the Petitioner has any criminal antecedent, this
order shall stand recalled.
13. It is further directed that the petitioner shall not in any way
try to intimidate the victim and/or his family.
14. It shall be open to the victim and/or his family to seek
variance of this order, in case there is any threat perception.
15. Accordingly, the BLAPL stands disposed of.
16. Urgent certified copy of this order be granted as per the
rules.
(V. NARASINGH)
Judge
Ayesha
Signature Not Verified
Digitally Signed
Signed by: AYESHA ROUT
Reason: Authentication
Location: High Court of Orissa
Date: 09-Aug-2023 12:07:25
