Orissa High Court
Bimal Naik vs State Of Odisha .... Opposite Party on 5 April, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 2503 of 2023
Bimal Naik .... Petitioner
Mr. P.K. Sahoo, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. P.K. Maharaj, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
05.04.2023 Order No.
01. 1. Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioner is an accused in G.R. Case No.414 of 2022, pending in the Court of learned J.M.F.C., Bhuban, arising out of Bhuban P.S. Case No.435 of 2022, for commission of alleged offences under Sections 294/186/353/379 of IPC along with Section 51(1)(i) of the Orissa Minor Mineral Concession Rules 2016 and Section 177 of the M.V. Act.
3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Kamakhyanagar by order dated 25.02.2023 in the aforementioned case, the present BLAPL has been filed.
4. It is submitted by the learned counsel that the petitioner is in custody since 23.01.2023.
5. Learned counsel for the petitioner relies on the order of release of the co-accused dated 07.12.2022 passed by this Court in Page 1 of 2 BLAPL No.11010 of 2022 and seeks release of the petitioner inter alia on the ground of parity.
6. Taking into account the nature of allegations and the period of custody, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin over the matter.
7. While enlarging the petitioner on bail, the learned court below shall verify criminal antecedent of similar nature. If it comes to the fore that the petitioner has any such criminal antecedent, this order shall stand recalled without any further reference to this Court.
8. Accordingly, the BLAPL stands disposed of.
9. Urgent certified copy of this order be granted as per rules.
(V. NARASINGH) Judge Ayesha Page 2 of 2