Subrat Kumar Naik @ Tikina 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.147 of 2022, pending on the file of the learned J.M.F.C., Khandapara, arising out of Khandapara P.S. Case No.153 of 2022, for alleged commission of offences under Sections 396/397/34 of IPC read with Section 27 of the Arms Act.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Nayagarh, by order dated 31.10.2022 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the petitioner is in custody since 14.08.2022 and as charge sheet has been filed on 14.10.2022, he may be released on bail.

Relying on the order passed by this Court dated 17.03.2023 in respect of the co-accused Bharat Naik in BLAPL No.155 of 2023, the petitioner seeks release inter alia on the ground of parity.

On verification of the materials on record, learned counsel for the State fairly states that the petitioner is similarly placed with the co-accused who has since been released inasmuch as, he was also not put to T.I. Parade.

It is submitted by the learned counsel for the petitioner that the petitioner has one criminal antecedent being cited as an accused in which case he has been taken on remand.

Considering the 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.

Additionally, it is directed that the petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to 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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