Babu @ Dusmanta Sahoo vs State Of Odisha
2023 Latest Caselaw 6479 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     BLAPL No. 4390 of 2023

             Babu @ Dusmanta Sahoo                ....                   Petitioner
                                                       Mr. D.K. Sahoo, Advocate
                                            -versus-

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

                               CORAM: JUSTICE V. NARASINGH

                                         ORDER

18.05.2023 Order No.

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

2. The petitioner is an accused in S.T. Case No.13 of 2023, pending in the Court of the learned District & Sessions Judge, Keonjhar, arising out of Telkoi P.S. Case No.99 of 2022 for commission of alleged offences under Sections 341/324/307/506/34 of IPC.

3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Keonjhar by order dated 11.04.2023 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 17.08.2022 and since charge sheet has been filed on 31.10.2022, he may be released on bail.

5. It is stated by the learned counsel that the injuries suffered are simple in nature and the co-accused have since been released on bail by this Court by order dated 19.12.2022 in BLAPL No.10932

of 2022, the petitioner seeks release inter alia on the ground of parity.

6. Learned counsel for the State opposes the prayer for bail in view of the criminal antecedents of the petitioner including one stated to be under Section 302 of IPC.

7. Learned counsel for the petitioner brings to the notice of this Court that in the case under Section 302 of IPC, the petitioner has been acquitted by the learned Sessions Judge, Keonjhar by judgment dated 06.01.2023 in S.T. Case No.127 of 2014.

8. Copy of the order submitted by the learned counsel for the petitioner is taken on record.

9. So far as the other criminal antecedents are concerned, it is the submission of the learned counsel for the petitioner that they are interse between the informant and the present petitioner's family on account of long standing disputes.

10. Taking note of the release of the co-accused and the injury being simple and the nature of criminal antecedents, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

11. Additionally, it is directed that the petitioner shall appear before the jurisdictional police station once every week till conclusion of trial. Certification of such appearance shall be submitted to the learned Court in seisin.

12. Accordingly, the BLAPL stands disposed of.

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

Signature Not Verified (V. NARASINGH) Digitally Signed Signed by: AYESHA ROUT Judge Designation:Ayesha Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 19-May-2023 17:01:11