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Judgment
16 paragraphs · 440 wordsV. Narasingh, J
Heard learned counsel for the Petitioners and learned counsel for the State.
The Petitioners are accused in C.T.(S) Case No.109 of 2022 pending on the file of learned Asst. Sessions Judge, Athamallik arising out of Athamallik P.S. Case No.161 of 2022, for commission of alleged offences under Sections 366/370/34 IPC.
Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Asst. Sessions Judge, Athmallik, by order dated 09.01.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner are in custody since 24.07.2022 and since charge-sheet has been filed on 17.09.2022, further continuance of the Petitioners in custody is unwarranted.
Learned counsel for the Petitioners places the statements of the victim recorded under Section 164 Cr.P.C.
On perusal of the same, it is seen that the allegation is omnibus in nature but so far as physical abuse is concerned, it is against one Debi Lodhi.
It is stated that the co-accused, namely, Arjuna Behera has been released on bail by order dated 13.12.2022 in BLAPL No.10468 of 2022. Hence, they seek release, inter alia, on the ground of parity.
Learned counsel for the State opposes the prayer for bail on account of accusation and submits that ground of parity cannot be pressed into service in the case of this nature.
Considering the statement of the victim recorded under Section 164 Cr.P.C and release of the co-accused, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin.
Additionally, it is directed that the Petitioners shall appear before the jurisdictional police station once every week 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.
To allay the legitimate apprehension of the learned Public Prosecutor regarding ensuring the presence of the Petitioners during trial since they do not belong to the State of Odisha, additionally it is directed that one of the family members of the Petitioners shall execute the P.R bond in addition to the sureties in terms of the order of the learned Court in seisin and their criminal antecedents from P.S. Bausuni, Dist-Sagar, Madhya Pradesh shall also be called for.
If it comes to fore that the Petitioners have any criminal antecedent, this order shall stand recalled.
The BLAPL thus stands disposed of.
Urgent certified copy of this order be granted as per rules.
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