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Kabuli Sobhasundar vs State Of Odisha

Orissa High Court · Decided on 24 March 2023 · Citation: (2023) 03 OHC CK 0179

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 120B, 121, 121A, 294, 506 · Unlawful Activities (Prevention) Act, 1967 — Section 18, 39
RESULT
Disposed Of
CASE NUMBER
Bail Application Nos. 206, 207 Of 2023
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Judgment

14 paragraphs · 362 words

V. Narasingh, J

1.

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

2.

The Petitioner is an accused in S.T. Case No.125 of 2022 pending on the file of learned Addl. Sessions Judge, Balliguda arising out of Daringbadi P.S. Case No.35 of 2011 for commission of the alleged offence under Sections 120-B/121/121-A/294/506/34 IPC and Sections 18/39 of the Unlawful Activities (Prevention) Act.

3.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Addl. Sessions Judge, Balliguda by order dated 22.12.2022 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the Petitioner is in custody since 21.11.2022 and as the charge sheet has been filed in the meanwhile, his further continuance in custody is not warranted.

5.

Learned counsel for the Petitioner submits that the Petitioner is not the named accused in the FIR and places reliance on the statement of Sura Pradhan.

6.

On perusal of the said statement it is seen that the allegation as borne out from the said statement vis-à-vis the Petitioner that he was frequently going to the house of one Bijaya Pradhan against whom there is an allegation of active contact with the Maoists.

7.

Learned counsel for the Petitioner submits that co-accused persons have been released on bail on surrendering in terms of the order dated 8.2.2023 in CRLMC No.447 of 2023. Hence, he seeks release, inter alia, on the ground of parity.

8.

Learned counsel for the State opposes the prayer for bail.

9.

Considering the manner of accusation 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.

10.

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.

11.

Accordingly, the BLAPL stands disposed of.

12.

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

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