Krishna Gupta @ Kenia v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 8290 of 2022 Krishna Gupta @ Kenia ....
Petitioner Mr. T.K. Sahu, Advocate -versusState of Orissa ....
Opposite Party Mr. P.K. Maharaj, ASC CORAM: JUSTICE V. NARASINGH
ORDER
14.09.2022 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 accused in G.R. Case No.768 of 2022 arising out of Sundargarh Town P.S. Case No.178 of 2022, pending in the Court of the learned S.D.J.M., Sundargarh, for alleged commission of offences under Sections 294/506/427/307/379/34 of IPC.
4.
Being aggrieved by the Rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Sundargarh, by order dated 10.08.2022 in the aforementioned case, the present BLAPL has been filed.
5.
It is submitted by the learned counsel for the petitioner that co-accused similarly circumstanced have already been released on bail by this Court by order dated 19.07.2022 in ABLAPL No.7289 of 2022, hence release is sought inter alia on the ground of parity
and it is further submitted that the injured Mithun Mahanandia has since recovered and leading a normal life.
6.
Learned counsel for the State opposes the prayer for bail inter alia on the ground that though investigation has been concluded, keeping in view the antecedent of the petitioner he ought not to be released on bail.
7.
Keeping in view the filing of the charge-sheet and the health condition of the injured as stated and release of the coaccused as noted, this Court directs the petitioner to be released on bail on such terms to be fixed by the 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 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 Ayesha