Dusmanta Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8596 of 2022 Dusmanta Naik ....

Petitioner Mr. S.R. Rout, Advocate -versusState of Odisha ....

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

ORDER

20.09.2022 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 Rasol P.S. Case No.193 of 2021 Corresponding to G.R. Case No.607 of 2021, pending in the file of learned S.D.J.M., Hindol, for offences under Section 379/34 of IPC read with Section 15(2)(4) of Petroleum and Pipeline Act, 1962 and Section 3 and 4 of Prevention of Damage to Public Property Act, 1984.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Assistant Sessions Judge, Hindol, by order dated 23.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted that co-accused similarly circumstanced was allowed to be released on bail by this Court by order dated 25.08.2022 in BLAPL No.7494 of 2022, hence prayer for bail is made inter alia on the ground of parity.

6.

Learned counsel for the State opposes the prayer for bail, keeping in view criminal antecedents of the present petitioner. 7.

Taking into account the release of the co-accused and the nature of allegations and the punishment prescribed, 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.

Additionally it is directed that the petitioner shall appear before the jurisdictional police station once every seven days till the conclusion of trial.

9.

Accordingly, the BLAPL stands disposed of.

10.

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