Byomakesh Giri vs State Of Odisha

V. Narasingh, J

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

The Petitioner is an accused in connection with C.T. Case No.217 of 2023, pending in the Court of the learned S.D.J.M., Boudh, arising out of Baunsuni P.S. Case No.85 of 2023, for commission of the alleged offence under Section 420/468/471/34 of IPC.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Boudh by order dated 09.08.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the Petitioner is in custody since 15.07.2023 and as charge sheet has been filed on 12.09.2023, further continuance of the Petitioner in custody is unwarranted.

The allegation against the Petitioner is that he along with the co-accused misappropriated a sum of Rs.28,43,567/- instead of depositing the same in the account of the company-flipkart.

It is the submission of the learned counsel for the Petitioner that the Petitioner is not a named accused and the named accused persons namely Sunil Priya Ranjan Pala and Asisranjan Pradhan @ Ashisa Ranjan Pradhan who have greater complicity have since been released on bail by orders dated 22.09.2023 & 25.09.2023 in BLAPL Nos.10394 & 9652 of 2023. Hence, on the ground of parity, the Petitioner seeks release.

On instruction, learned counsel for the Petitioner submits that the Petitioner is the first offender.

Learned counsel for the State opposes the prayer for bail.

Taking into account the nature of allegation, period in custody and release of the co-accused, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted as per rules.

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