Orissa High Court
Dugana Kadraka vs State Of Orissa .... Opposite Party on 13 September, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 9744 of 2023
Dugana Kadraka .... Petitioner
Mr. J.K. Khuntia, Advocate
-versus-
State of Orissa .... Opposite Party
Mr. P.K. Maharaj, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
13.09.2023 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.9 of 2023 pending in the Court of learned J.M.F.C., Laxmipur, arising out of Bandhugaon P.S. Case No.3 of 2023 for alleged commission of offence under Sections 302/201/34 IPC.
3. Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Addl. Sessions Judge, Koraput, by order dated 19.06.2023 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 14.01.2023 and charge sheet has been filed on 05.05.2023.
5. Learned counsel for the petitioner relies on the order dated 09.08.2023 in respect of the co-accused passed by this Court in Page 1 of 2 BLAPL No.7287 of 2023 and seeks release inter alia on the ground of parity.
6. It is apt to note here that while releasing the co-accused this Court had specifically taken note of the allegation qua the petitioner.
7. Learned counsel for the State oppose the prayer for bail and relies on the statement of 164 Cr.P.C. statement of Sita Habika- wife of the deceased, Pidika Rama Rao and china kadraka and coupled with it there is statement recorded of the present petitioner under Section 27 of Evidence Act leading to the discovery of the alleged weapon of offence.
8. On a conspectus of materials on record, this Court is not inclined to entertain the bail application at this stage.
9. Leave is granted to the petitioner to renew his prayer before the learned Court in seisin after examination of the witnesses referred to hereinabove.
10. Accordingly, the BLAPL stands disposed of.
11. Urgent certified copy of this order be granted as per rule.
(V. NARASINGH) Judge Ayesha Signature Not Verified Digitally Signed Signed by: AYESHA ROUT Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 15-Sep-2023 19:32:32 Page 2 of 2