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Orissa High CourtBLAPL/9539/2022allowed

Sunil @ Sunil Kumar Naik v. State Of Odisha

2022-10-18Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9539 of 2022 Sunil @ Sunil Kumar Naik ....

Petitioner Mr. P.S. Nayak, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, 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 G.R. Case No.1253 of 2022 pending on the file of learned S.D.J.M., Angul, arising out of Bantal P.S. Case No.331 of 2022, for alleged commission of offences under Sections 379/413/120-B of IPC and is in custody since 23.08.2022.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional District & Sessions Judge-cum-Special Judge (Vigilance), Angul by order dated 21.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the order of rejection.

6.

It is submitted by the learned counsel for the petitioner that co-accused Hada@ Kishan Naik has been released on bail by this Court by order dated 17.10.2022 in BLAPL No.9470 of 2022;

hence inter alia on the ground of parity the he seeks release of the petitioner.

7.

Taking into account the release of the co-accused and 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.

Accordingly, the BLAPL stands disposed of.

9.

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