Orissa High Court
Bhagirathi Pradhan vs State Of Orissa …. Opposite Party on 20 December, 2024
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.12617 of 2024
Bhagirathi Pradhan .... Petitioner
Mr. S.K Padhi, Advocate
-versus-
State of Orissa .... Opposite Party
Mr. S. Panigrahi, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
20.12.2024
Order No.
01. 1. Heard learned counsel for the Petitioner and
learned counsel for the State.
2. The Petitioner is an accused in connection with
G.R. Case No.183 of 2024 pending on the file of
learned J.M.F.C., Pipili arising out of Pipili P.S. Case
No.112 of 2024 for commission of offence alleged
under Sections 341/325/354/506/427/307/34 IPC.
3. Learned counsel, on instruction, submits that
except the present BLAPL, no other bail application of
the Petitioner relating to the aforementioned P.S.
Case is pending in any other Court.
4. Being aggrieved by the rejection of his
application for bail U/s.483 of the Bharatiya Nagarik
Suraksha Sanhita (BNSS) by the learned A.S.J., Pipili
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by order dated 06.12.2024, the present BLAPL has
been filed.
5. It is submitted by the learned counsel that the
Petitioner on surrendering taken into custody on
06.12.2024 and charge sheet has been filed on
15.07.2024 citing the Petitioner as an absconder.
6. It is further submitted that since the co-
accused persons have been released on bail by this
Court by orders dated 23.05.2024 and 13.12.2024 by
this Court in BLAPL No.5174 of 2024 (Bidyadhar
Pradhan) and BLAPL No.12454 of 2024 (Bibhudar
Pradhan @ Prabesh Kumar Pradhan) respectively.
Hence, the Petitioner seeks release, inter alia, on the
ground of parity.
7. It is his further submission that the Petitioner
is the first offender, whereas the said co-accused,
who have been released, have antecedents. Hence,
the Petitioner may be released on bail.
8. Learned counsel for the State opposes the
prayer for bail referring to the injury report of the
victim.
9. Taking into account the 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.
10. Additionally, it is directed that the Petitioner
shall appear before the jurisdictional police station
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once every month on such date and time to be fixed
by the learned Court in seisin till conclusion of trial.
Certification of such appearance shall be submitted to
the Court in seisin. Petitioner shall not in any way try
to intimidate the injured and/or his family members.
It shall be open to the informant/prosecution to seek
variance of this order in the event there is any threat
perception.
11. Accordingly, the BLAPL stands disposed of.
12. Urgent certified copy of this order be granted
as per rule.
(V. NARASINGH)
Judge
Soumya
Signature Not Verified
Digitally Signed
Signed by: SOUMYA RANJAN SAMAL
Reason: Authentication
Location: High Court of Orissa
Date: 23-Dec-2024 21:17:49
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