Deepali @ Deepak Choudhury vs State Of Odisha
2023 Latest Caselaw 1619 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 BLAPL No. 1128 of 2023

             Deepali @ Deepak Choudhury        ....                Petitioners
             & Others
                                                 Mr. B.K. Ragada, Advocate
                                         -versus-

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

                               CORAM: JUSTICE V. NARASINGH

                                       ORDER

21.02.2023 Order No.

02. 1. Heard Mr. Ragada learned counsel for the Petitioners and Mr. Mohanty, learned Addl. Standing Counsel.

2. The Petitioners are accused in connection with G.R. Case No.4940 of 2022, pending on the file of the learned S.D.J.M., Sambalpur arising out of Sambalpur Town P.S. Case No.480 of 2022, for alleged commission of offences under Sections 147/341/353/323/332/506/186/188/149 of IPC.

3. Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cum- Special Judge (Vigilance), Sambalpur, by order dated 10.01.2023 in the aforementioned case, the present BLAPL has been filed.

4. The genesis of the allegation is the agitation dated 12.12.2022 and the accusation against the petitioners is that they

obstructed the Judicial Officers from proceeding towards the Court near Nelson Mandela Chhak.

5. It is submitted by the learned counsel that the petitioners have been remanded in the case at hand on 17.12.2022 and since charge sheet has been filed on 07.02.2023 and release of the co- accused by this Court by judgment dated 10.02.2023 in BLAPL No.351 of 2023, the petitioners seek release inter alia on the ground of parity.

6. Learned counsel for the State opposes the prayer for bail inter alia on the ground that the petitioners have chosen to take the law into their own hands and prevented the Judicial Officers from proceeding towards the Court in spite of prohibitory orders being in force.

7. Taking into account the nature of allegations, filing of charge sheet, period of custody, the punishment prescribed and release of the co-accused, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin.

7(A). Additionally it is directed that the Petitioners

i. Shall not hold any public meeting relating to the case at hand; and ii. Shall not post any opinion/remark/views in print and electronic media including social media relating to the case at hand; and iii. Shall not glorify/publicize their release from custody.

8. It is needless to state that any violation of the aforementioned conditions will entail cancellation of bail in accordance with law.

9. Accordingly, the BLAPL stands disposed of.

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

(V. NARASINGH) Judge Ayesha