Suresh Kumar Das@ Kalia v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.11474 of 2021 Suresh Kumar Das @ Kalia ....

Petitioner M/s. S. Mohanty, Advocate -versusState of Odisha ....

Opp. Party M/s. S.N.Das, A.S.C.

CORAM:

JUSTICE G. SATAPATHY Order No.

ORDER

29.08.2022 05.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

This is an application U/S. 439 of Cr.P.C. by the Petitioner for grant of bail in connection with Special Task Force P.S. Case No.12 of 2021 corresponding to G.R. Case No.95 of 2021 pending in the Court of learned J.M.F.C., Niali for commission of offence punishable U/Ss. 25/27 of the Arms Act.

3.

In the course of hearing of the bail application, learned counsel for the petitioner by placing reliance on the order of this Court for grant of bail to co-accused Dhananjaya Sahoo @ Manga in BLAPL No.6334 of 2021 submits that the petitioner having stood on similar footing may kindly be enlarged on bail by extending the principle of parity. 4.

On contrary, learned counsel for the State strongly opposes the bail application of the petitioner but he admits the release of the co-accused Dhananjaya Sahoo @ Manga on bail.

5.

Considering the nature and gravity of accusations and keeping in view the release of the petitioner on interim bail and his surrendering before the learned trial Court after expiry of interim bail period and taking into consideration release of the co-accused persons on bail and the nature and gravity of offences alleged against the petitioner and regard being had to the period of detention of the petitioner since 09.04.2021 and no

// 2 // material being collected by prosecution that the petitioner would abscond or tamper the evidence, this Court feels it proper to admit the petitioner to bail.

6.

Hence, the prayer for bail of the petitioner is allowed and the Petitioner be released on bail on furnishing bail bond of Rs.25,000/- with one solvent surety for the like amount to the satisfaction of the learned trial Court in seisin of the case on such terms and conditions as deem fit and proper with further conditions that the petitioner shall not leave the jurisdiction of the learned trial Court without prior permission and the petitioner shall attend the trial Court on each date of posting of the case unless his attendance is dispensed with by the learned trial Court. 7.

Accordingly, the BLAPL stands disposed of.

8.

Urgent certified copy of the order be granted on proper application. ( G. Satapathy) Judge Kishore