Tajuuddin @ Tajuddin Khan vs State Of Odisha .... Opposite Party on 31 January, 2023

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Orissa High Court

Tajuuddin @ Tajuddin Khan vs State Of Odisha .... Opposite Party on 31 January, 2023

Bench: V. Narasingh

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     BLAPL No.12945 of 2022

             Tajuuddin @ Tajuddin Khan           ....                  Petitioner
                                                   Mr. Sk. Zafarulla, Advocate
                                           -versus-

             State of Odisha                     ....             Opposite Party
                                                         Mr. K.K. Gaya, ASC

                               CORAM: JUSTICE V. NARASINGH

                                         ORDER

31.01.2023 Order No.

03. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

2. The Petitioner is an accused in G.R. Case No.1687 of 2021 pending on the file of learned S.D.J.M., Kendrapara, arising out of Kendrapara Sadar P.S. Case No.395 of 2021 for commission of the offence alleged under Sections 452/332/353/323/307/506/120-B IPC and Sections 25/27 of the Arms Act.

3. Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Addl. Sessions Judge, Kendrapara by order dated 06.12.2022 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 19.06.2022 and the charge sheet has been filed on 14.10.2022.

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5. Relying on the order relating to the co-accused dated 20.01.2023 in BLAPL No.12478 of 2022, the Petitioner seeks release on the ground of parity.

6. Learned counsel for the State on the basis of the order of rejection opposes the prayer for bail of the Petitioner at this stage.

7. Learned counsel for the Petitioner, on instruction, submits that the Petitioner has been arrayed as an accused in G.R. Case No.1010 of 2019 on the file of learned S.D.J.M., Kendrapara arising out of Kendrapara Sadar P.S. Case No.189 of 2019.

8. Taking into account the release of the co-accused and filing of the charge sheet, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin.

9. Additionally, it is directed that the Petitioner shall appear before the I.O. once every week till conclusion of trial on such date and time to be specified by the learned Court in seisin. Certification of such appearance shall be submitted to the said Court.

10. Before releasing the Petitioner on bail, learned Court in seisin is called upon to verify as to whether the Petitioner has any other criminal antecedent than the one referred to hereinabove. In the event it comes to the fore that the Petitioner has any other criminal antecedent than the one cited above, this order shall stand recalled.

11. Accordingly, the BLAPL stands disposed of.

12. Urgent certified copy of this order be granted as per rule.

(V. NARASINGH) Judge PKS Page 2 of 2

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