Biplab Keshari Parida v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7406 of 2022 Biplab Keshari Parida ....

Petitioner Mr. A. Mishra, Advocate -versusState of Orissa ....

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

ORDER

24.08.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The petitioner is an accused in Capital P.S. Case No.19 of 2022, corresponding to C.T. Case No.151 of 2022 pending in the file of learned S.D.J.M., Bhubaneswar, Khurda, under Sections 457/436/427/294/506/34/120-B of IPC read with Section 25 of the Arms Act.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 1st Additional Sessions Judge-cumSpecial Judge, Vigilance, Bhubaneswar, by order dated 27.07.2022 in the aforementioned case, the present BLAPL has been filed. 5.

Perused the order of rejection.

6.

Learned counsel for the petitioner submits that by relying on the order passed by this Court dated 15.03.2022 in BLAPL

No.1616 of 2022 that the petitioner is similarly circumstanced and hence he may be released on bail inter alia on the ground of parity. 7.

The submission is opposed by learned counsel for the State drawing the attention of the Court to the fact that what weighed with this Court was that the petitioner is therein (Prasanjeet Malla) was not named in that F.I.R.

8.

Perused the F.I.R.

9.

Taking into account the nature of allegations and the statement made across the bar that no one is injured in the alleged incident and keeping in view the age of the petitioner, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter.

10.

Accordingly, the BLAPL stands disposed of.

11.

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