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Judgment
15 paragraphs · 417 wordsV. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in connection with C.T. Case No.273 of 2023, pending in the court of learned J.M.F.C. Cog.-III, Bhubaneswar, arising out of Nayapalli P.S. Case No.124 of 2023 for alleged commission of offence under Section 395 of IPC.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Khurda at Bhubaneswar by order dated 05.07.2023 in the aforementioned case, the present BLAPL has been filed.
The Petitioner has been remanded in the case at hand on 26.06.2023 on the allegation of commission of offence under Section 395 of IPC.
It is submitted by the learned counsel that the co-accused has been released on bail by order dated 28.07.2023 in BLAPL No.7752 of 2023. Hence, inter alia, on the ground of parity, the Petitioner seeks release.
Learned counsel for the State opposes the prayer for bail during currency of investigation.
Learned counsel for the State submits that to facilitate the co-accused Jagannath Prasad Dasarapuria and Ranjit Dasarapuria to take possession of the land, they engaged the present Petitioner through one Snehasis Samal @ Sanu.
It is stated by the learned counsel that the Petitioner is the victim of circumstance and he has only acted at the behest of the principal accused Jagannath Prasad Dasarapuria and Ranjit Dasarapuria and being engaged by the co-accused Snehasis Samal @ Sanu.
It is further stated that the Petitioner has no other criminal antecedent save and except the cases instituted in connection with the present occurrence, which took place on the intervening night of 24.03.2023/25.03.2023.
Considering the role ascribed to the Petitioner and since he has no criminal antecedents other than connected with the occurrence which has been stated hereinabove 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 so as to ensure that there is no impediment to the ongoing investigation.
Before releasing the Petitioner, learned Court in seisin shall verify as to whether the Petitioner has any criminal antecedents unconnected with the incident dated 24.03.2023/25.03.2023 as stated. In the event it comes to the fore that he has any other criminal antecedents, this order shall stand recalled.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rule.
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