Tiki @ Gopal Kanta v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8244 of 2022 Tiki @ Gopal Kanta ....

Petitioner Mr. D. Sahoo, Advocate -versusState of Odisha ....

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

ORDER

18.10.2022 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 connection with C.T. Case No.542 of 2022, pending before the Court of learned S.D.J.M., Jharsuguda, arising out of Brajrajnagar P.S. Case No.66 of 2022, for offences under Sections 395/397 of IPC.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Jharsuguda, by order dated 02.05.2022 in the aforementioned case, the present BLAPL has been filed.

5.

This is the second journey of the petitioner to this Court. 6.

It is submitted by the learned counsel for the petitioner that since charge-sheet has been filed, he wants to renew his prayer for bail.

7.

He relies on the orders passed in respect of the co-accused by order dated 15.09.2022 in BLAPL No.3193 & 3194 of 2022, hence seeks release inter alia on the ground of parity. 8.

On perusal of the orders of the Co-ordinate Bench, it is seen that there is no mention in the said orders regarding criminal proclivity of the petitioner.

9.

It is borne out from the record that the petitioner has seven criminal antecedents and inasmuch as he is an accused in Brajrajnagar P.S. Case No.502 of 2020 under Section 395 & 397 of IPC and Brajrajnagar P.S. Case No.136 of 2021 under Section 395 & 397 of IPC.

10.

Taking into account the criminal proclivity of the petitioner, this Court is not inclined to entertain this bail application at this stage notwithstanding filing of charge-sheet and release of the co-accused.

11.

Accordingly, the BLAPL stands disposed of.

(V. NARASINGH) Judge Ayesha