Abhiram Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 4548 OF 2021 Abhiram Das .........

Petitioner Mr. Jyotrmaya Sahoo, Advocate -versusState of Odisha ............

Opposite Party Miss S. Mishra, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

20.04.2022 Order No.

03.

1.

This matter is taken up through Hybrid Mode.

2.

The petitioner is an accused in connection with S.T. Case No. 15 of 2021 arising out of G.R. Case No. 127 of 2016 corresponding to Rambha P.S. Case No. 33 of 2016, pending on the file of the learned Additional Sessions Judge, Khallikote for the alleged commission of offence under Sections147/148/449/323/324/325/326/302/336/337/338/307/149 of the IPC and is in custody since 03.04.2016.

3.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned Additional Sessions Judge, Khallikote by Order dtd. 08.06.2021 in S.T. Case No. 15 of 2021, the present BLAPL has been filed.

4.

Heard Mr. Jyotirmaya Sahoo, learned counsel for the petitioner and Miss S. Mishra, learned Additional Standing Counsel for the State.

5.

Learned counsel for the petitioner relies on the orders of this Court in respect of three accused persons who have been granted bail by this Court and submits that the accusation against the present petitioner is similar in nature as such seeks intervention on the ground of parity. He also places reliance on the statement of one Sankar Das, who is stated to be an injured eye witness and submits that no specific overt act is attributed to the petitioner..

6.

Learned counsel for the State opposes the prayer for bail, inter alia on the ground that some of the injured persons including the informant have named the present petitioner.. 7.

Considering the submission and the materials placed before this Court and taking note that co-accused faced with similar accusation have already been enlarged on bail, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin over the matter. 8.

The Bail Application thus stands disposed of. 9.

Urgent certified copy of this order be granted as per rule. ( V.Narasingh ) Balaram Judge