Makardhwaj Kalsai v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7239 OF 2022 Makar dhwaj Kalsai .........

Petitioner Mr. U.R.Jena, Adv.

-versusState of Odisha .........

Opposite Parties Mr.A.Pradhan, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

23.08.2022 Order No.

01.

1.

This matter is taken up through Hybrid Mode.

2.

Heard learned counsel for the parties.

3.

The petitioner is an accused in connection with G.R. Case No. 884 of 2022 arising out of Bolangir Sadar P.S. Case No. 249 of 2022, pending on the file of the learned S.D.J.M., Bolangir for the alleged commission of offence under Sections 420/468/471/34 of the I.P.C.

4.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned Sessions Judge, Bolangir, by Order dated 25.07.2022, the present BLAPL has been filed.

5.

Learned counsel for the petitioner places reliance on the order passed by this Court dated 21.07.2022 in ABLAPL No.7656 of 2022 and order dated 16.08.2022 in BLAPL No.

7044 of 2022 relating to the co-accused and seeks release inter alia on the ground of parity.

6.

It is submitted that the petitioner is not a F.I.R. named accused and similarly circumstanced.

7.

Taking into account the release of the co-accused on prearrest bail and the other accused on bail and the petitioner being prima facie similarly circumstanced, 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 BLAPL thus stands disposed of.

9.

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