Pratap Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 11103 of 2022 Pratap Naik ....

Petitioner Ms. S. Nanda, Advocate -versusState of Odisha ....

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

ORDER

13.12.2022 Order No.

01.

1.

Heard learned counsel for the petitioner and learned counsel for the State.

2.

The petitioner is an accused in connection with G.R. Case No.1253 of 2022, pending in the Court of the learned SDJM, Angul, arising out of Bantala P.S. Case No.331 of 2022, for alleged commission of offences under Sections 379/413/120-B of IPC. 3.

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.

4.

It is submitted by the learned counsel that the petitioner has been implicated on the basis of co-accused statement because of his criminal proclivity.

5.

Learned counsel for the petitioner relies on the order passed by this Court dated 17.10.2022 in respect of Hada @ Kishan

Naik in BLAPL No.9470 of 2022 and seeks release inter alia on the ground of parity.

6.

Learned counsel for the State opposes the prayer for bail on the ground that the investigation is at a nascent stage. 7.

Taking into account 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.

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