Sagar Kuldeep & Another vs State Of Orissa

V. Narasingh, J

Heard learned counsel for the Petitioners and learned counsel for the State.

The Petitioners are accused in G.R. Case No.941 of 2022 pending on the file of learned S.D.J.M, Koraput, arising out of Damanjodi P.S Case No.127 of 2022 for commission of the alleged offence under Sections 394/385/354/34 IPC.

Being aggrieved by the rejection of their application for bail U/s. 439 Cr.P.C by the learned Addl. Sessions Judge, Koraput by order dated 28.02.2023 in the aforementioned case, the present BLAPL has been filed.

This Court by order dated 27.01.2023 had rejected the earlier bail application of the Petitioners but liberty was granted to them to renew their prayer before the learned Court in seisin after examination of the Informant.

It is brought to the notice of the Court that by order dated 17.02.2023 in BLAPL No.727 of 2023, co-accused Diban Khillo and Sanjay @ Sanjaya Kuldeep have been released on bail. Hence, learned counsel for the Petitioners seeks release of the Petitioners on the ground of parity.

Learned counsel for the State opposes the prayer for bail of the Petitioners.

It is seen from the impugned order charge is yet to be framed.

Taking into account the same and the release of the co-accused as noted, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin so as to ensure the presence of the Petitioners on each date of trial.

Before releasing the Petitioners on bail, learned Court in seisin shall verify criminal as to whether Petitioner No.1 has more than one criminal antecedent and Petitioner No.2 has any criminal antecedents. If it comes to fore that the Petitioner No.1 has more than one criminal antecedent and Petitioner No.2 has any criminal antecedents, 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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