Orissa High Court
Kalia Das vs State Of Odisha .... Opposite Party on 9 May, 2024
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 11551 of 2023
Kalia Das .... Petitioner
Mr. K.P. Dash, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. T.K. Praharaj, SC
BLAPL No. 962 of 2024
Babula Das ... Petitioner
Mr. S.K. Bhanjadeo, Advocate
-versus-
State of Odisha ... Opposite Party
Mr. T.K. Praharaj, SC
CORAM: JUSTICE V. NARASINGH
ORDER
09.05.2024 Order No.
05. 1. Since both the BLAPLs relate to the same P.S. (Rambha P.S. Case No. 33 of 2016), on the consent of the Parties, they are heard together and disposed of by common order.
2. Heard learned counsel for the Petitioners and learned Standing Counsel for the State.
3. Learned counsel for the Petitioners, on instruction, submits that except the present BLAPLs, no other bail application of the Petitioners are pending in any other Court, relating to the aforesaid P.S. Case.
Page 1 of 34. The Petitioners are accused in connection with G.R. Case No. 127 of 2016 pending on the file of the learned Additional Sessions Judge, Khallikote and learned J.M.F.C., Khallikote respectively, arising out of Rambha P.S. Case No. 33 of 2016, for the alleged commission of offence under Sections 147/148/449/ 323/324/325/326/302/336/337/338/307/149 of the IPC read with Section 3/4 of E.S. Act.
5. Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Khallikote by orders dated 20.09.2023 & 09.01.2024 in the aforementioned cases respectively, the present BLAPLs have been filed.
6. It is submitted by the learned counsel that the Petitioner (Kalia Das) in BLAPL No.11551 of 2023 is in custody since 20.08.2023 and the Petitioner (Babula Das) in BLAPL No.962 of 2024 is in custody since 23.12.2023 and the charge sheet in the case at hand has been filed on 18.07.2016 citing the Petitioners as an absconders.
7. It is the submission of the learned counsel for the Petitioners that the co-accused with greater complicity have already been released on bail by this Court and in this context they referred to the order of this Court dated 11.01.2018 passed in BLAPL No.2305 of 2017 relating to Harsha Das and also the order dated 04.01.2018 in BLAPL No.1732 of 2017 relating to one Kampa Das and they further rely on the order of this Court dated 04.09.2019 in BLAPL No.4820 of 2019 relating to one Balaram Das. Hence, it is submitted that the Petitioners may be released on bail inter alia on the ground of parity.
Page 2 of 38. It is further submitted by the learned counsel for the Petitioners that one Abhiram Das has been released on bail by this Court by order dated 20.04.2022 in BLAPL No.4548 of 2021.
9. Learned counsel for the State opposes the prayer for bail and relying on the statements of the alleged eyewitness i.e. C.W.4 and the injured witnesses C.Ws.11 & 12 and other witnesses, submits that the Petitioners are not entitled to be released on bail at this stage.
10. Considering the general nature of allegations, release of the co-accused as noted and taking into account the submission at the Bar made by the learned counsel for the Petitioners that the Petitioners do not have any criminal antecedent, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin.
11. Before releasing, learned Court in seisin is requested to verify the criminal antecedent of the Petitioners between the date of occurrence till they were taken into custody. If it comes to the fore that the Petitioners have any criminal antecedent, this order shall not be given effect to.
12. Additionally, it is directed that the Petitioners shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the learned Court in seisin.
13. Accordingly, the BLAPLs stand disposed of.
14. Urgent certified copy of this order be granted as per the Signature Not Verified rules.
Digitally Signed Signed by: AYESHA ROUTReason: Authentication (V. NARASINGH)
Location: High Court of Orissa
Date: 12-May-2024 11:46:58 Ayesha Judge
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