Tikeswar Naik v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 8659 of 2022 Tikeswar Naik ....
Petitioner Mr. S.K. Das, Advocate -versusState of Orissa ....
Opposite Party Mr. P.K. Maharaj, ASC CORAM: JUSTICE V. NARASINGH
ORDER
13.10.2022 Order No.
02.
1.
This matter is taken up through hybrid mode.
2.
Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.
3.
The petitioner is an accused in connection with G.R. Case No.204 of 2022, pending in the Court of learned S.D.J.M., Hindol, arising out of Rasol P.S. Case No.80 of 2022, for commission of offences under Sections 341/323/294/427/395/506 of IPC and Section 03 of Public Property (prevention of damage) Act, 1985. 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 03.09.2022 in the aforementioned case, the present BLAPL has been filed.
5.
It is submitted by the learned counsel for the petitioner that the co-accused has been released on bail by this Court by order dated 23.09.2022 in BLAPL No.4024 of 2022, hence on the ground of parity the petitioner seeks release on bail.
6.
Learned counsel for the State opposes the prayer for bail inter alia on the ground that the petitioner has criminal antecedent hence the petitioner ought not to be released on bail merely because some other co-accused persons have been released on bail. 7.
Taking into account the manner of implication and release of the co-accused and filing of the charge-sheet which is on record, 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.
Considering the criminal proclivity of the petitioner it is directed that the petitioner shall appear before the jurisdictional police station once every week till conclusion of trial. The date and time of appearance to be fixed by the learned Court in seisin over the matter.
9.
Accordingly, the BLAPL stands disposed of.
10.
Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge Ayesha