Bablu @ Amiya Kumar vs State Of Odisha
2023 Latest Caselaw 1617 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     BLAPL No. 1177 of 2023

             Bablu @ Amiya Kumar                  ....                Petitioner
             Moharana
                                                      Mr. A.K. Sahoo, Advocate
                                           -versus-

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

                               CORAM: JUSTICE V. NARASINGH

                                         ORDER

21.02.2023 Order No.

01. 1. Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner is an accused in G.R. Case No.170(B) of 2021, pending in the file of learned S.D.J.M., Nayagarh, arising out of Nuagaon P.S. Case No.40 of 2021 for commission of alleged offences under Sections 394 of IPC.

3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Nayagarh by order dated 19.01.2023 in the aforementioned case, the present BLAPL has been filed.

4. It is submitted by the learned counsel that the petitioner has been remanded in the case at hand on 26.12.2022 and charge sheet has been filed on 30.07.2021 showing him as an absconder.

5. It is the submission of the learned counsel for the petitioner that basis of accusation is on account of co-accused statement and the said co-accused faced trial and has since been

acquitted by the learned Assistant Sessions Judge, Nayagarh by judgment dated 15.04.2022 in S.T. Case No.60/162 of 2021.

6. Learned counsel for the State opposes the prayer for bail inter alia on the ground that keeping in view the criminal prolicivity of the petitioner, release of the co-accused would not enure to the benefit of the petitioner and even otherwise as per the settled law the acquittal of the accused cannot be pressed into service in respect of another who had not faced trial. There is no cavil regarding the principle as stated by the learned counsel for the State.

7. Taking into account the nature of allegation and keeping in view the acquittal of the co-accused, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

8. 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 and in addition to the sureties as fixed by the learned Court in seisin, one of the sureties shall be the immediate family member of the petitioner who shall execute a P.R. bond, in the event there is no property in his/her name to act as surety. Any violation shall entail cancellation.

9. Accordingly, the BLAPL stands disposed of.

10. Urgent certified copy of this order be granted as per the rules.

(V. NARASINGH) Judge Santoshi