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Judgment
8 paragraphs · 275 wordsSavitri Ratho, J
This is an application under Section 439 of Cr.P.C. in connection with Bampada Industrial Area P.S. Case No.194 of 2023 corresponding to C.T. Case No. 633 of 2023 pending in the Court of the learned J.M.F.C.(City), Balasore where charge sheet has been filed on 28.03.2024 against the present petitioner and one Rabinarayan Behera @ Teru @ Bhola and Babulu @ Saroj @ Suraj Kumar Behera under Section 394, 34 of IPC and against one Brundaban Rana under Sections 394, 411, 413, 34 of IPC.
The application has been listed before me as BLAPL No. 73 of 2024 filed by co-accused Brundaban Rana has been disposed of by me on 22.10.2024.
The prayer for bail of the petitioner has been rejected vide order dated 06.02.2024 passed by the learned Sessions Judge, Balasore in Bail Application No. 132 of 2024.
Mr. Amulya Ratna Panda, learned counsel for the petitioner submits that the co-accused Brundaban Rana has been released on bail by this Court and FIR has been filed against unknown person and no T.I. parade has been conducted. He further submits that apart from the statement of the co-accused, there is no other incriminating material against him as there has been no recovery from him. He finally submits that in the meanwhile trial has started and the informant Baijayanti Palai has been examined in the trial for which the petitioner wants to withdraw this BLAPL in order to move the learned Court below for bail afresh.
Considering the above submission, the BLAPL is dismissed as withdrawn.
Urgent certified copy of this order be granted on proper application.
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