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Judgment
V. Narasingh, J
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is an accused in connection with G.R. Case No.1682 of 2022, pending in the file of learned S.D.J.M., Balangir, arising out of Balangir Town P.S. Case No.565 of 2022 for alleged commission of offences under Sections 395 of IPC.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 1st Additional Sessions Judge, Balangir by order dated 03.04.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that petitioner was taken into custody on 21.12.2022 and the allegation against the present petitioner is that he along with co-accused forcefully entered into the house of the informant assaulted the inmates and took away cash and gold ornaments.
It is further submitted that since charge sheet has already been filed on 22.02.2023, petitioner may be released on bail.
Learned counsel for the petitioner also relies on the order dated 20.07.2023 passed by this Court in respect of the co-accused Deepak @ Deepak Ranjan Dash in BLAPL No.5022 of 2023 and seeks release inter alia on the ground of parity.
Learned counsel for the State opposes the prayer for bail in view of the criminal antecedent of the petitioner, which is on record by way of an affidavit filed by the petitioner.
It is apt to note here that the petitioner has eighteen criminal antecedents excluding the case at hand and the alleged date of occurrence is 26.10.2022 and from the affidavit, which has been filed in this Court, it can be seen that the petitioner was released on bail in Balangir Town P.S. Case No.349 of 2022 under Section 394 of IPC on 24.08.2022 and Tarva P.S. Case No.24 of 2021 under Section 394 of IPC on 17.10.2022.
Betraying the trust reposed in him, he could not get over his tendency to commit offences and indulged himself in the occurrence dated 26.10.2022 which is the subject matter of the present bail application.
Considering the criminal antecedent of the petitioner, this Court is not inclined to entertain this bail application at this stage while being fully conscious of the judgment of the Apex Court in the case of Satender Kumar Antil vrs. Central Bureau of Investigation & another, reported in 2022 (10) SCC 51 relating to parity.
It is needless to state that parity cannot be applied mechanically.
Accordingly, the BLAPL stands disposed of.
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