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Judgment
V. Narasingh, J
Learned counsel Mr. S.N. Biswal has entered appearance on behalf of the informant by filing Vaklatanama in Court. The same is taken on record. The name of Mr. S.N. Biswal be reflected in the file, cause list and CMS of this Court.
Heard learned counsel for the Petitioner, learned counsel for the State and learned counsel for the informant.
The Petitioner is an accused in connection with C.T. No.176/30 of 2023, pending in the Court of learned Addl. Sessions Judge(Vigilance), Bhawanipatna, arising out of Lanjigarh P.S. No.33 of 2023, for commission of alleged offences under Section 302/34 of IPC.
Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. Case is pending in any other Court.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge-Cum-Special Judge (Vigiliance), Bhawanipatna by order dated 04.03.2024, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner is in custody since 15.05.2023 and he is young boy of 19 years and he is the victim of the circumstance and to fortify his submission he relies on the deposition P.W.3 (Sulochana), P.W.5 (Sibani) and P.W.7 (Jema Mahakud).
6A. Attention of this Court is also drawn to the 164 Cr.P.C. statement of C.W.5 and referring to the same, it is submitted by the learned counsel with vehemence that overt act is attributed to one Manoj Pradhan.
6B. It is further submitted by the learned counsel that co-accused persons (Santilata Mahakhud and Minati Kumari Gouda) by orders dated 04.09.2023 and 06.02.2024 in BLAPLs No.9341 and 13516 of 2023 respectively. Hence on the ground of parity, the Petitioner seeks release.
Learned counsel for the State and the informant opposes the prayer and submit that since the charge sheet has been filed against the Petitioner under Section 302/34 of IPC, the role ascribed to individual assailants ought not to be segregated at this stage and it is also submitted that this Court granted bail to the co-accused since they were ladies and such bail order cannot ensure to the benefit of the Petitioner.
Considering the nature of allegations qua the Petitioner, his age(19 years) and that he is stated to be a first offender, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per the rules.
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