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Judgment
V. Narasingh, J
Heard learned counsel for the petitioner and learned counsel for the State.
2.The petitioner is an accused in connection with S.T. Case No.28/63 of 2022, pending in the Court of the learned 2nd Additional Sessions Judge, Rourkela, arising out of Rourkela Sector-7 P.S. Case No.126 of 2021, for commission of alleged offences under Sections 302/201/120-B/34 of IPC.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 2nd Additional Sessions Judge, Rourkela by order dated 23.12.2022 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the petitioner is in custody since 21.10.2021 and since trial has already commenced, his further continuance in custody is unwarranted.
Learned counsel for the petitioner relies on the order dated 20.10.2022 in respect of the co-accused ( Subrat Kumar Gochayat @ Raja) passed by this Court in BLAPL No.3770 of 2022 and seeks release inter alia on the ground of parity.
Learned counsel for the State opposes the prayer for bail.
This Court perused the statements of P.Ws.2 & 3, who are the mother and the wife of the deceased.
Considering the tenor of the statements, this Court is not persuaded to hold that the petitioner is similarly circumstanced with the co-accused. Hence, this Court is not inclined to entertain the bail application at this stage.
This Court refrains from making any further analysis of the materials on record qua the accusation vis-à-vis the petitioner lest it will prejudice the petitioner.
Accordingly, the BLAPL stands disposed of.
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