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Orissa High CourtBLAPL/4979/2021allowed

Rajababu @ Ramajan Khan v. State Of Odisha

2022-04-25Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 4979 OF 2021 Rajababu @Ramajan Khan .........

Petitioner Mr. J.P. Trivedi, Advocate -versusState of Odisha ............

Opposite Party Mr. K.K. Gaya, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

25.04.2022 Order No.

04.

1.

This matter is taken up through Hybrid Mode.

2.

The petitioner is an accused in connection with G.R. Case No. 137 of 2021 corresponding to Jatni P.S. Case No. 126 of 2021, pending on the file of the learned J.M.F.C., Jatani for the alleged commission of offence under Sections-457/394 of the IPC, and the petitioner is in custody since 15.04.2021. 3.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned Additional Dist. & Sessions Judge-cum-Spl. Judge, CBI-II, BBSR by Order dtd. 31.05.2021 in B.A. No. 729 of 2021, the present BLAPL has been filed. 4.

Heard Mr. J.P. Trivedi, learned counsel for the petitioner and Mr. K.K. Gaya, learned Additional standing Counsel for the State.

5.

Learned Counsel for the petitioner seeks release of the petitioner on bail on the ground of parity relying on the order passed by this Court in respect to the co-accused in Order dtd. 23.02.2022 in BLAPL No. 8639 of 2021 and Order dtd. 22.03.2022 in BLAPL No. 1939 of 2022.

6.

Taking into consideration that the co-accused have been released on bail, this court directs the petitioner to be enlarged on bail on such terms and conditions to be fixed by the learned Trial Court with the additional stipulation that, the petitioner shall appear in person before the jurisdictional Police Station once in fifteen (15) days.

7.

It shall be open for the learned Court in seisin over the matter to take steps for cancellation of the bail granted to the petitioner in accordance with law in the event, the direction relating to the appearance is flouted.

8.

The Bail Application thus stands disposed of. 9.

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