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Orissa High CourtBLAPL/7185/2022allowed

Ashok Kumar Behera v. State Of Odisha

2022-08-22Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7185 of 2022 Ashok Kumar Behera & Others ....

Petitioners Mr. A.K. Panda, Advocate -versusState of Odisha ....

Opposite Party Mr. K.K. Gaya, ASC CORAM: JUSTICE V. NARASINGH

ORDER

22.08.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned counsel for the State.

3.

The petitioners are accused in O.R. Case No.13 of 2022-23 Badamaba Range corresponding to 2(b) CC Case No.04 of 2022, pending in the file of learned J.M.F.C., Badamaba under Section 9 of IPC and Section 52 of the Wild Life Protection Act. 4.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Athagarh by order dated 28.06.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the order of rejection.

6.

Learned counsel for the petitioner relying on the order dated 21.07.2022 passed by this Court in BLAPL No.6023 of 2022

relating to co-accused Narendra Dehury, Ex-Forest Guard, seeks release inter alia on the ground of parity.

7.

Keeping in view the role ascribed to the petitioners as revealed from the order of rejection and release of the co-accused as stated above, this Court directs the petitioners to be released on bail on such terms to be fixed by the Court in seisin over the matter. 8.

Accordingly, the BLAPL stands disposed of.

9.

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