Nilakantha Pangi vs State Of Odisha
2023 Latest Caselaw 11298 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     BLAPL No. 10096 of 2023

                 Nilakantha Pangi                  ....                  Petitioner
                                                       Mrs. S. Senapati, Advocate

                                            -versus-

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

                                CORAM: JUSTICE V. NARASINGH

                                          ORDER

14.09.2023 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 C.T. Case No.66 of 2023, pending on the file of learned Additional Sessions Judge, Koraput, arising out of Padwa P.S. Case No.78 of 2023 for commission of the alleged offence under Sections 395 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, Koraput by order dated 25.08.2023 in the aforementioned case, the present bail application has been filed.

4. It is submitted by the learned counsel that the Petitioner is in custody since 08.06.2023 and as charge sheet has already been filed on 22.07.2023 and he is the first offender, he may be released on bail.

5. It is further submitted that co-accused persons have since been released on bail by this Court by order dated 29.08.2023 in BLAPL Nos.8607 and 8626 of 2023. Hence, on the ground of parity, Petitioner seeks release.

6. It is stated that the present Petitioner is at all fours with the co-accused who have since been released on bail. Hence the Petitioner seeks release relying on 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.

7. Learned counsel for the State opposes the prayer for bail and submits that CDR is on record which unequivocally points to the complicity of the Petitioner.

8. On a perusal of the order passed the order relating to the co-accused, it is seen that such stand was also taken by the learned Public Prosecutor in the said case.

9. Considering the release of the co-accused and that the Petitioner is the first offender, as stated, and the recovery and non- identification of T.I. parade, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin subject to verification of criminal antecedent.

10. If it comes to fore that the Petitioner has any criminal antecedent, this order shall stand recalled.

11. Accordingly, the BLAPL stands disposed of.

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

(V. NARASINGH) Judge Santoshi

Signature Not Verified Digitally Signed Signed by: SANTOSHI LENKA Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 15-Sep-2023 19:37:13