Orissa High Court
Rabi Barik @ Rabindra vs State Of Odisha …. Opp. Party on 20 December, 2024
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.9097 of 2024
Rabi Barik @ Rabindra .... Petitioner
Barik
Mr. B.K. Das, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. P.S. Nayak,
Addl. Govt. Advocate
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 20.12.2024 03. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Heard learned counsel for the petitioner and
learned counsel for the State.
This is an application under section 439 of Cr.P.C.
in connection with S.T. Case No.218 of 2021 arising
out of Balaramgadi Marine P.S. Case No.03 of 2021
pending in the Court of learned 3rd Additional Sessions
Judge, Balasore for offences punishable under sections
147/148/302/109/120-B/149 of the Indian Penal Code
and sections 25/27 of the Arms Act.
The petitioner moved an application for bail
before the Court of learned 3rd Additional Sessions
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Judge, Balasore, which was rejected on 21.06.2024.
Learned counsel for the petitioner submitted that
the petitioner is in judicial custody since 16.03.2021
and similarly situated co-accused, namely, Sk. Isak
Alli @ Sk. Essak Ali has been directed to be released
on bail in BLAPL No.8728 of 2024 vide order dated
13.09.2024. Copy of the bail order has been filed,
which is taken on record. Learned counsel further
submitted that in view of the available materials on
record, the bail application of the petitioner may be
favourably considered.
Learned counsel for the State after going through
the case record does not dispute that the petitioner is
similarly situated like the co-accused Sk. Isak Alli @
Sk. Essak Ali.
Considering the submissions made by the learned
counsel for the respective parties, the period of
detention of the petitioner in judicial custody and the
release of the co-accused on bail and, I am inclined to
release the petitioner on bail.
Let the petitioner be released on bail in the
aforesaid case on furnishing bail bond of Rs.50,000/-
(rupees fifty thousand) with two local solvent sureties
each for the like amount to the satisfaction for the
Court in seisin over the matter with further terms and
conditions as the learned Court may deem just and
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proper subject to conditions that the petitioner shall
appear before the learned trial Court on each date to
which the case would be posted for trial and he shall
not try to come in contact with any of the charge
sheet witnesses and he shall not try to tamper with
the prosecution evidence.
Violation of any of the conditions shall entail
cancellation of bail.
Accordingly, the BLAPL is disposed of.
Urgent certified copy of this order be granted on
proper application.
( S.K. Sahoo)
Judge
RKM
Signature Not Verified
Digitally Signed
Signed by: RABINDRA KUMAR MISHRA
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 20-Dec-2024 19:31:49
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