Dharmaraj Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7698 of 2022 Dharmaraj Naik ....

Petitioner Mr. P.K. Mishra, Advocate -versusState of Odisha ....

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

ORDER

29.08.2022 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 petitioner is an accused in 2(b) C.C. Case No.6 of 2022, pending in the file of learned J.M.F.C. Badamba, arising out of O.R. Case No.15B of 2022-23 under Section 9/39/44/49(B) of the Wild Life Protection Act, 1972 Punishable under Section 51 of the Wild Life Protection Act, 1972 and is in custody since 04.07.2022. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Athagarh by order dated 01.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Learned counsel for the petitioner submit that co-accused has been released on bail by this Court by order dated 25.07.2022 in

BLAPL No.6234 of 2022 hence seeks release inter alia on the ground of parity.

6.

Learned counsel for the State opposes the prayer for bail relying on the order of rejection more particularly drawing the Court's attention to the fact that the petitioner is stated to be involved in number of cases.

7.

Taking into account the nature of the allegations and period of custody since 04.07.2022 and release of the co-accused, this Court directs the petitioners to be released on bail on such terms to be fixed by the learned Court in seisin over the matter. 8.

Additionally it is directed that the petitioner shall appear before the jurisdictional police station once every week till the submission of final form.

9.

Accordingly, the BLAPL stands disposed of.

10.

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