Bijaya Kumar Mohapatra vs State Of Odisha .... Opposite Party
2024 Latest Caselaw 16749 Ori

Orissa High Court

Bijaya Kumar Mohapatra vs State Of Odisha .... Opposite Party on 18 November, 2024

Author: V. Narasingh

Bench: V. Narasingh

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            BLAPL No.8369 of 2024

        Bijaya Kumar Mohapatra ....                           Petitioner
                                             Mr. S. Rout, Advocate

                                  -versus-

             State of Odisha                ....         Opposite Party
                                             Mr. S. Panigrahi, ASC

                         CORAM: JUSTICE V. NARASINGH

                                    ORDER

18.11.2024 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 C.T. Case No.318 of 2024 pending on the file of learned J.M.F.C., Reamal in the district of Deogarh, arising out of Kundheigola P.S. Case No.168 of 2024 for commission of offence alleged under Sections 341/294/323/325/326/395 of IPC read with Section 25/27 of the Arms Act.

3. Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.

4. Being aggrieved by the rejection of his application for bail U/s.483 of the Bharatiya Nagarik

Suraksha Sanhita (BNSS) by the learned Sessions Judge, Deogarh by order dated 26.07.2024 in the aforementioned cases, the present BLAPL has been filed.

5. It is submitted by the learned counsel that the Petitioner is in custody since 13.06.2024 and he is the first offender.

6. Learned counsel for the Petitioner submits that the co-accused similarly placed has since been released on bail by this Court by order dated 08.10.2024 in BLAPL No.8020 of 2024. Hence on the ground of parity, the Petitioner seeks release.

7. In this context, he relies on the judgment of the Apex Court in the case Satender Kumar Antil vrs. Central Bureau of Investigation and another reported in (2022) 10 SCC 51 more particularly paragraph 98 thereof.

8. Learned counsel for the State opposes the prayer for bail since investigation is still continuing.

9. Taking into account that the Petitioner is the first offender and release of the co-accused, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

10. Before releasing, learned Court is requested to verify the criminal antecedent of the Petitioner. If it comes to the fore that the Petitioner has criminal

antecedent of any nature, this order shall not be given effect to.

11. Additionally, it is directed that 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 submission of final form and thereafter, once every month till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

12. Accordingly, the BLAPL stands disposed of.

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

(V. NARASINGH) Judge Santoshi

Designation: Senior Stenographer

Location: High Court of Orissa Date: 19-Nov-2024 17:33:53