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Judgment
R.K. Pattanaik, J
Heard learned counsel for the petitioner and Ms. Mishra, learned ASC for the State-opposite party.
Instant petition under Section 439 of Cr.P.C is filed by the petitioner for his release on bail in connection with C.T. Case No.153 of 2023 pending in the file of learned Additional Sessions Judge, Jharsuguda corresponding to Brajrajnagar P.S. Case No.47 of 2023 dated 17th February, 2023 on the grounds stated therein.
Learned counsel for the petitioner submits that the two other accused persons have been granted bail by this Court in BLAPL Nos. 3700 of 2023 and 4621 of 2023, copies of which are at Flags-A & B respectively and so far as the petitioner is concerned, he is more or less on a similar situated except the allegation that he had pressed the neck of the victim during and in course of the incident and hence, therefore, by extending rule of parity, he should also be enlarged on bail on any terms and conditions as would be fixed by the Court.
Ms. Mishra, learned ASC for the State-opposite party on the other hand objects to the release of the petitioner on the ground that the petitioner is having two antecedents to his credit and thus involved in criminal cases and as far as his participation in the alleged incident is concerned, the neck of the victim was pressed by him and that apart, all the accused persons committed further mischief and burnt down certain valuable items kept in the spot house and therefore, he should not be released, notwithstanding, release of the other two accused persons, who are on better footing.
Gone through the contents of the F.I.R. as at Annexure-1. It is stated that the petitioner is in judicial custody from 17th February, 2023.
From the orders dated 24th July, 2023 and 1st May, 2023 in BLAPL Nos. 3700 and 4621 of 2023, it is revealed that the other two accused persons, who were involved, have been allowed to go on bail. Of course, from the F.I.R i.e. Annexure-1, it is made to suggest that the petitioner was responsible in a way that he had pressed the neck of the victim and also committed mischief along with other two associates.
However having regard to the fact that all of them have participated in the alleged incident and the fact that the victim did not receive any grievous injury on account of the alleged assault by the petitioner since, it is fairly admitted by Ms. Mishra, learned ASC for the State that the injury is simple in nature, the Court is of the view that notwithstanding him of having two other cases but for offences under Sections 395 and 380 of IPC, the Court is of the view that he should also be enlarged on bail but subject to stringent conditions.
Hence, it is ordered.
In the result, the petition stands allowed with a direction for release of the petitioner in connection with C.T. Case No.153 of 2023 corresponding to Brajrajnagar P.S. Case No.47 of 2023 subject to him furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with one solvent surety for the like amount to the satisfaction of learned Additional Sessions Judge, Jharsuguda, who shall be at liberty to impose such other conditions as would be deemed just and necessary in the facts and circumstances of the case besides the following, such as, he shall not cause any harm or intimidate the informant/victim in any manner, whatsoever while on bail, and also not be involved in any such nefarious activities.
In the event, any of the conditions imposed is/are violated, it shall entail cancellation of bail forthwith.
Urgent certified copy of this order be granted as per rules.
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