Orissa High Court
Ranjan Behera & Another vs State Of Odisha .... Opposite Party on 16 August, 2021
Author: D.Dash
Bench: D.Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.6075 of 2021
Ranjan Behera & Another .... Petitioner
Mr. Amulya Ratna Panda, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. Tapas Kumar Praharaj, SC
CORAM:
MR. JUSTICE D.DASH
ORDER
16.08.2021 Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. The Petitioners being in custody in connection with Phulbani Sadar P.S. Case No.3 of 2021 corresponding to C.T. Case No.1 of 2021 on the file of learned Sessions Judge-cum- Special Judge, Phulbani running for commission of offence under sections 147/148/341/342/353/294/332/307/395/397/ 506/ 427/354-B/ 323/325/506/109/149 IPC read with section 3 of PDPP Act read with section 20(b)(ii)(C)/29 of NDPS Act, have filed this application under section 439 of the Cr.P.C. for their release on bail.
3. Learned counsel for the Petitioners submits that co- accused persons similarly situated with these Petitioners have in the meantime been released on bail by order of this Court on Page 1 of 2 // 2 // 28.07.2021 in BLAPL Nos. 638, 1163 and 1189 of 2021. In view of the above, further citing the period of detention of these Petitioners in custody, he urges for grant of bail to these Petitioners.
4. Learned counsel for the State opposes the move. He however does not dispute the position as to the factum of grant of bail to the co-accused persons in the above BLAPLs running with similar allegation.
5. Taking into account the submissions made; further keeping in view the materials on records as those stand against these Petitioners; further taking into account the factum of grant of bail to the co-accused persons with other surrounding circumstances including the period of detention of the Petitioner in custody; it is directed that the Petitioners be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court in seisin of the case.
6. The BLAPL is accordingly disposed of.
7. Issue urgent certified copy as per rules.
(D.Dash) Judge Aks Page 2 of 2