Srikanta Barik vs State Of Odisha
2023 Latest Caselaw 6917 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    BLAPL No. 5790 of 2023

             Srikanta Barik                        ....                   Petitioner
                                                         Mr. S.R. Das, Advocate

                                            -versus-

             State of Odisha                       ....              Opposite Party
                                                             Mr. D. Biswal, ASC

                                CORAM: JUSTICE V. NARASINGH

                                          ORDER

08.06.2023 Order No.

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

2. The petitioner is an accused in connection with S.T. Case No.89 of 2023, pending in the Court of the learned A.C.J.M.-cum- A.S.J., Rourkela, arising out of Bisra P.S. Case No.139 of 2022 for alleged commission of offences under Sections 458/395 of IPC.

3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 2nd Additional Sessions Judge, Rourkela, by order dated 02.05.2023 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 28.10.2022 on the allegation that he along with other co-accused looted gold ornaments at the point of knife, bhujali and decamped with one Hero Honda motor cycle.

5. It is stated that as charge sheet has already been filed on 15.02.2023 and Hero Honda has been recovered, further continuance of the petitioner in custody is not warranted.

6. It is further submitted by the learned counsel that the petitioner has not been identified in the T.I. Parade and submits that one of the co-accused Falindar Singh @ Bahadur who has been identified in the T.I. Parade has since been released by this Court by order dated 01.05.2023 in BLAPL No.2626 of 2023. Hence, on the ground of parity, the petitioner seeks release.

7. Learned counsel for the State opposes the prayer for bail in view of the criminal antecedent of the petitioner.

8. Learned counsel for the petitioner submits that after the petitioner was taken into custody in the case at hand, he has been remanded in other cases.

9. Considering that the petitioner has not been identified in the case at hand and taking into account the release of the co-accused, as noted and keeping in view 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.

10. 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 learned Court in seisin.

11. Accordingly, the BLAPL stands disposed of.

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

Signature Not Verified Digitally Signed Signed by: AYESHA ROUT Designation: Junior Stenographer (V. NARASINGH) Reason: Authentication Location: High Court of Orissa Vacation Judge Ayesha 15:18:10 Date: 09-Jun-2023