Santanu Das vs State Of Odisha

R.K. Pattanaik, J

Heard Mr. Dash, learned counsel for the petitioner and Mr. Patra, learned ASC for the State.

Instant petition under Section 439 of Cr.P.C. is filed for release of the petitioner on bail in connection with T.R. Case No.156 of 2023 corresponding to Dhanupali P.S. Case No.330 of 2023 pending in the file of learned Sessions Judge-cum-Special Judge, Sambalpur on the grounds sated therein.

Mr. Dash, learned counsel for the petitioner submits that thirteen other accused persons are on bail, hence, parity should be applied. It is further submitted that the petitioner is in judicial custody for nearly four and half months and therefore, he should be enlarged on bail with any conditions as would be imposed by the Court. It is also submitted that the petitioner is having a criminal antecedent but therein, he stood acquitted.

Mr. Patra, learned ASC for the State, on the other hand, objects to release of the petitioner on the ground that large quantity of syrup bottles have been recovered and seized from the spot.

Gone through the contents of the F.I.R. as at Annexure-2.

The petitioner is a local resident of Sambalpur. The judicial custody of the petitioner is claimed to be since last four and half months. Though the petitioner having been a criminal antecedent, it is claimed that he has been acquitted of the charge though the offence to be of similar nature. It is informed to the Court that the investigation is still in progress. It is stated that thirteen other co-accused persons are on bail. The bail order of one of the accused persons is at Flag-A and the same is perused.

Having regard to the above facts and submissions of the learned counsel for the respective parties and since in the meantime, more than four months have gone by and under the impression that substantial part of investigation to have been concluded, the Court is inclined to release the petitioner on bail. Furthermore, the petitioner appears to be on similar footing like the co-accused persons, who are on bail, hence, therefore, he should as well be extended the same relief applying parity. Hence, it is ordered.

In the result, the petition under Section 439 Cr.P.C. stands allowed. Consequently, the petitioner is directed to be released on bail in connection with T.R. Case No.156 of 2023 corresponding to Dhanupali P.S. Case No.330 of 2023 subject to him furnishing a bail bond of Rs.30,000/-(rupees thirty thousand) with one solvent surety for the like amount to the satisfaction of the learned Sessions Judge-cum- Special Judge, Sambalpur, who shall have the liberty to impose other suitable conditions as found to be necessary in the fact and circumstance of the case besides the following, such as, he shall attend the local P.S for the purpose of investigation till the time the chargesheet is filed and that such release of the petitioner shall be subject to verification and absence of any criminal antecedent of similar nature apart from the case, in which, he has been acquitted.

The BLAPL is accordingly disposed of.

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

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