Kasa Madkami 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.19 of 2020, pending in the file of learned Addl. Sessions Judge-cum-Special Judge, Malkangiri, arising out of Maithili P.S. Case No.40 of 2013, for commission of alleged offences under Sections 121/121-A/124-A/147/148/149/342/363/302 IPC and Sections 25/27 of the Arms Act and Section 17 Crl. Law Amendment Act and Section 16(1)(a)/18/20 of UAP Act.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Malkangiri, by order dated 21.12.2022 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the Petitioner is in custody since 16.4.2019 and in the meanwhile in the ongoing trial, 20 out of 27 witnesses have been examined. Petitioner has not been named by any of the material witnesses. And, relying on the order of release relating to the co-accused, who according to the Petitioner, are prima facie similarly placed, the Petitioner seeks release.

Learned counsel for the State opposes the prayer for bail and submits that since trial is at the fag end, the Petitioner ought not to be released on bail though does not dispute that the Petitioner is more or less similarly placed with the co-accused since released on bail.

Perused the order relating to release of the co-accused which is on record.

Considering the same and taking into account the nature of allegation, this Court directs the Petitioner to be released on bail on terms to be fixed by the learned Court in seisin so as to ensure his presence on each date of trial.

Accordingly, the BLAPL stands disposed of.

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

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