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Judgment
12 paragraphs · 299 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.531 of 2022, pending in the Court of the learned J.M.F.C.(Rural), Balasore arising out of Rupsa P.S. Case No.61 of 2022, for alleged commission of offences under Sections 498-A/304-B/302/34 of IPC read with Section 4 of D.P. Act.
Being aggrieved by the rejection of her application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cum-P.O., Designated Court, OPID, Balasore, by order dated 22.12.2022 in the aforementioned case, the present BLAPL has been filed
It is submitted by the learned counsel that the petitioner is in custody since 02.12.2022 and as charge sheet has been filed in the meanwhile, further continuance of the petitioner in custody is unwarranted.
Learned counsel for the petitioner relies on the order dated 17.03.2023 in respect of the co-accused passed by this Court in BLAPL Nos.11890 & 11892 of 2022 and seeks release inter alia on the ground of parity.
On perusal of the said order, it is seen that the petitioners therein were released on bail taking note of the fact that charge sheet has been filed inter alia under Section 306 of IPC.
Learned counsel for the State opposes the prayer for bail and submits that there are allegations against the present petitioner.
Taking into account the nature of allegation and filing of the charge sheet and release of the co-accused who are prima facie similarly circumstanced, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rule.
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