Rajesh Kumar Prusty @ Rajesh Prusty 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 connection with G.R. Case No.20 of 2023 pending on the file of learned J.M.F.C., Surada, Ganjam, arising out of Badagada P.S. Case No.08 of 2023 for commission of offence alleged under Sections 323/325/307/302/34 of IPC.

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioners relating to the aforementioned P.S. case is pending in any other Court.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge, Bhanjanagar by order dated 27.09.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted that the occurrence in question took place on 05.01.2023 which resulted in the death of one Baya Gouda and one Raju Swain was the injured.

It is further submitted that the Petitioner being implicated in the case at hand notwithstanding that the injured Raju Swain has not named the Petitioner.

It is the further submission of the learned counsel for the Petitioner that another witness Dilli Swain-C.W.9 has also not named the Petitioner and also submits that the Petitioner has been remanded in the case at hand because of his criminal proclivity.

Such submission is refuted by the learned counsel for the State relying on the materials on record more particularly the statements of Kora Swain-C.W.10 and Rama Chandra Swain-C.W.-11.

It is the submission of the learned counsel for the Petitioner that the said witnesses i.e. C.Ws.10 and 11 have named the present Petitioner along with one Bhupesh Kumar Nayak and the said Bhupesh Kumar Nayak has been released on bail by this Court by order dated 10.11.2023 in ABLAPL No.6521 of 2023. Hence, seeks release of the Petitioner inter alia on the ground of parity.

Learned counsel for the State has referred to the post-mortem report indicating that the deceased has suffered seventeen injuries.

It is trite that the parity cannot be applied in mechanical manner. On perusal of the order of the Co-ordinate Bench, this Court is not able to persuade itself that the materials qua the said accused were placed in its proper perspective. Hence this Court respectfully differs from the view taken by the Co-ordinate Bench.

Taking into account the statement of witnesses i.e. C.Ws.10 and 11, and the post-mortem report and the background in which the offence has been committed, this Court is not inclined to entertain this bail application at this stage.

Liberty is granted to the Petitioner to renew his prayer before the learned Court in seisin after examination of material witnesses.

Accordingly, the BLAPL stands disposed of.

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