Bapuji Tiria vs State Of Odisha

V. Narasingh, J

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is an accused in connection with C.T. Case No.22 of 2023, pending before the learned J.M.F.C., Soro arising out of Khaira P.S. Case No.05 of 2023, for alleged commission of offences under Sections 363/370(3)(5)/34 of IPC.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Presiding Officer, Special Court (SC & ST), Balasore, by order dated 21.02.2023 in the aforementioned case, the present BLAPL has been filed

This is the third journey of the petitioner to this Court. Earlier the petitioner had moved this Court during the currency of investigation.

It is submitted by the learned counsel that the petitioner is in custody since 08.01.2023 and as charge sheet has been filed on 10.02.2023, further continuance of the petitioner in custody is unwarranted.

Learned counsel for the petitioner relies on the order dated 21.04.2023 in respect of the co-accused passed by this Court in BLAPL No.2210 of 2023 and seeks release inter alia on the ground of parity.

While releasing the co-accused, this Court had taken note of the instruction as submitted by the learned counsel for the State that the three boys and three girls who have been rescued have not suffered any injury.

It is further stated by the learned counsel for the petitioner that the petitioner has no criminal proclivity.

Learned counsel for the State opposes the prayer for bail.

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

While releasing the petitioner on bail, learned Court in seisin is called upon to verify the criminal antecedent of the petitioner. If it comes to the fore that the petitioner has any criminal antecedent, this order shall stand recalled.

Additionally, it is directed that the petitioner shall appear before the jurisdictional police station once every week till conclusion of trial on such date and time to be fixed by the learned Court in seisin. Certification of such appearance shall be submitted to the learned Court in seisin.

Accordingly, the BLAPL stands disposed of.

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

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