Badal Singh vs State Of Odisha .... Opposite Party
2023 Latest Caselaw 15227 Ori

Orissa High Court

Badal Singh vs State Of Odisha .... Opposite Party on 29 November, 2023

Author: V. Narasingh

Bench: V. Narasingh

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    BLAPL No. 12709 of 2023

                 Badal Singh                        ....                   Petitioner
                                                          Mr. B.K. Das, Advocate
                                             -versus-

             State of Odisha                        ....              Opposite Party
                                                             Mr. K.K. Gaya, ASC

                                CORAM: JUSTICE V. NARASINGH

                                          ORDER

29.11.2023 Order No.

02. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

2. The Petitioner is an accused in connection with G.R. Case No.211 of 2023 pending on the file of learned J.M.F.C., Hemgiri, arising out of Hemgiri P.S. Case No.216 of 2023 for commission of offence alleged under Sections 147/148/341/294/323/307/325/149 of IPC.

3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Sundargarh by order dated 04.11.2023 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 30.06.2023 and as charge sheet has already been filed in the meanwhile and the other co-accused have since been released on bail, Petitioner seeks release inter alia on the ground of parity.

5. It is apt to note here that this is the second journey of the Petitioner to this Court. Earlier by order dated 31.08.2023 in BLAPL No.7910 of 2023, this Court rejected the bail application of the

Petitioner which was during currency of the investigation, taking note of the criminal antecedent.

6. Learned counsel for the State opposes the prayer for bail in view of such criminal antecedents.

7. It is on record that the Petitioner is cited as an accused in 9 (nine) cases out of which four relate to accusation under Section 307 IPC and the Petitioner is stated to have been acquitted in Sundargarh Town P.S. Case No.126 of 2020 by judgment dated 18.11.2023 in Special G.R. Case No.62/52 of 2020-22 by the learned Additional Sessions Judge, Sundargarh.

8. Taking into account the release of the co-accused and filing of the charge sheet, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

9. Keeping in view the criminal proclivity of the Petitioner, additionally, it is directed that Petitioner shall not leave the jurisdiction of learned Court in seisin without its express permission and intimation to the I.O. and shall appear before the jurisdictional police station thrice 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.

10. It is further directed that one of the family member of the Petitioner shall execute a P.R bond in addition to the sureties so fixed.

11. Further, it is directed that the Petitioner shall not in any way try to intimidate the informant and/or his family members.

12. It shall be open to the prosecution as well as informant to seek variance of this order, in the event there is any threat perception.

13. Accordingly, the BLAPL stands disposed of.

Designation: Senior Stenographer

Location: High Court of Orissa Date: 01-Dec-2023 13:12:35 (V. NARASINGH) Judge Santoshi