AI Structured Summary
Not yet generated for this judgment
Judgment
V. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in connection with G.R. Case No.93 of 2023 pending on the file of learned S.D.J.M., Dhenkanal, arising out of Dhenkanal Town P.S. Case No.52 of 2023 for commission of alleged offences under Sections 341/294/323/307/ 379/506/34 of IPC.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Dhenkanal by order dated 13.02.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner is in custody since 03.02.2023 on the accusation of assaulting one Abhisek Naik.
It is further submitted by the learned counsel on the basis of injury report that the said Abhisek Naik has suffered simple injuries and that the incident happened out of altercation without any premeditation.
It is stated that the co-accused, namely, Sripati Mallik, has been released on bail by order dated 10.03.2023 in BLAPL No.2026 of 2023. Hence, inter alia, on the ground of parity, the Petitioner may be released on bail.
Learned counsel for the State opposes the prayer for bail in view of the criminal antecedent of the Petitioner.
An affidavit has been filed by the brother of the Petitioner regarding criminal antecedents. The same is taken on record.
Considering the injury report, substantial progress in investigation 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.
Additionally, it is directed that the Petitioner shall appear before the I.O. once every week on such date and time to be fixed by the learned Court in seisin till submission of final form and once every month till conclusion of trial post final form. Certification of such appearance shall be submitted to the Court in seisin.
It is further directed that Petitioner shall not try to intimidate the injured and his family in any manner.
Leave is granted to the Informant and his family to seek variance of this order, in the event there is any threat perception.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rule.
…………………………