Ghanashyam Dandasena 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 C.T. Case No.434 of 2022 pending on the file of learned J.M.F.C., Junagarh, arising out of Junagarh P.S. Case No.447 of 2022, for commission of offence under Section 395 IPC.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge, Dharamgarh by order dated 30.01.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the Petitioner is in custody since 11.01.2023 and as investigation has progressed substantially, he may be released on bail.

It is further submitted that one of the co-accused persons have been released on bail by order dated 16.01.2023 in BLAPL No.12602 of 2022. Hence, inter alia, on the ground of parity, the Petitioner seeks release.

Learned counsel for the State opposes the prayer for bail.

Considering the nature of accusation in the case at hand 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 over the matter.

Additionally it is directed that the Petitioner shall appear before the I.O once every week till submission of final form. The first date and time to be fixed by the learned Court in seisin over the matter. Certification of such appearance shall be submitted to the learned Court in seisin over the matter.

Before releasing the Petitioner on bail, learned Court in seisin is called upon to verify as to whether the Petitioner has any criminal antecedent of any nature. If it comes to the fore that the Petitioner has any criminal antecedent, this order shall stand recalled.

The BLAPL stands disposed of.

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

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