Citation : 2025 Latest Caselaw 7906 Ori
Judgement Date : 4 September, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.9895 of 2025
Ramakanta Mishra .... Petitioner
Mr. J. Sahu, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. S.N Das, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
04.09.2025 Order No.
01. 1. Heard learned counsel for the Petitioner and learned counsel for the State.
2. The Petitioner is seeking pre-arrest bail in connection with Special G.R. Case No.09 of 2025 pending in the Court of learned Special Additional Sessions Judge, Padampur, arising out Padampur P.S. Case No.49 of 2025 for commission of offences punishable under Sections 21(c)/25/29 of the NDPS Act and Section 111(2)(b) of the BNS.
3. It is submitted by the learned counsel that the co-accused have been released on bail by order dated 9.5.2025 in ABLAPL No.5153 of 2025. Hence, inter alia, on the ground of parity, the Petitioner seeks release.
4. Such submission is opposed by the learned counsel for the State.
5. This Court perused the order which reliance is being placed. In the said order it is seen that the Petitioner therein was an accused for commission of offence under Sections 294/323/506/34 IPC being cited as an accused in Padampur P.S. Case No.304 of 2023.
6. It is trite that the grant of parity cannot be applied in vacuum nor can be asserted as universal rule. While making such observation this Court is conscious of the judgment of the Apex Court in the case of Satender Kumar Antil vrs. Central Bureau of Investigation & another, 2022 (10) SCC 51 more particularly relating to parity.
7. On a perspicuous of the materials on record this Court is not persuaded to hold that the present Petitioner is not at par with the co-accused.
8. Accordingly, this Court is not inclined to entertain the prayer for pre-arrest bail. Hence, ABLAPL stands rejected.
(V. Narasingh)
PKS Judge
Signed by: PRADEEP KUMAR SWAIN
Location: Orissa High Court, Cuttack Date: 04-Sep-2025 21:28:45
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