Tina @ Sidhant Behera vs State Of Odisha .... Opposite Party on 25 April, 2023

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Orissa High Court

Tina @ Sidhant Behera vs State Of Odisha .... Opposite Party on 25 April, 2023

Bench: V. Narasingh

                IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  BLAPL No.3855 of 2023

              Tina @ Sidhant Behera              ....                   Petitioner
                                                       Mr. A.S. Paul, Advocate
                                          -versus-

             State of Odisha                     ....               Opposite Party
                                                       Mr. P.K. Maharaj, ASC

                               CORAM: JUSTICE V. NARASINGH
                                           ORDER

25.04.2023 Order No.

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

2. The Petitioner is an accused in C.T Case No.154 of 2023 pending on the file of learned J.M.F.C-IV, Bhubaneswar, arising out of Laxmisagar P.S Case No.66 of 2023 for commission of the alleged offence under Sections 341/323/307/120-B IPC and Section 9(b) of the Indian Explosive Substances Act (Amendment 2013 & 2014)

3. Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Sessions Judge, Khurda at Bhubaneswar by order dated 21.03.2023 in the aforementioned case, the present BLAPL has been filed.

4. It is submitted by the learned counsel that the co-accused Bijay Bharat Mohapatra @ Papun has since been released on bail by this Court by order dated 21.04.2023 in BLAPL No.3268 of 2023 and he seeks release, inter alia, on the ground of parity.

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5. Learned counsel for the State opposes the prayer on the ground that though the injured has suffered simple injury but because of the criminal antecedent, the Petitioner ought not to be released on bail.

6. Considering the submission and keeping in view the release of the co-accused and the age of the Petitioner, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

7. Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station twice every week on such date and time to be fixed by the learned Court in seisin till submission of final form. Certification of such appearance shall be submitted to the Court in seisin and shall not threaten the injured and/or his family members. It shall be open to the informant to seek variance of this order in the event there is any threat perception.

8. The BLAPL thus stands disposed of.

9. Urgent certified copy of this order be granted as per rules.



                                                  (V. NARASINGH)
PKS                                                    Judge




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