Sunil Naik v. State of Orissa

ABLAPL No.8344 of 2016
05.08.2016 Heard the learned counsel for the petitioners and learned counsel for the Stat
e.

 This is an application under Section 438 Cr.P.C. for grant of anticipatory bai
l to the petitioners in connection with C.T. Case No. 158 of 2015 arising out of Boudh P.S. Ca
se No.76 of 2015 pending in the Court of learned S.D.J.M., Boudh for alleged commission of off
ences under sections 294/306/34 of the Indian penal Code.

 Learned counsel for the petitioners submits that one of the co-accused namely,
 Jaga Mahakud has been released on bail by this Court in BLAPL No.2005 of 2016 and the allegat
ion against the petitioners are similar in nature and that the ingredients of the offence unde
r section 306 of the Indian Penal Code are not attracted and therefore, the anticipatory bail
application of the petitioners may be favourably considered.
 Learned counsel for the State submitted that prima facie material is available
 on record against the petitioners and the co-accused Jaga Mahakud was arrested and subsequent
ly he was released on bail and therefore, the petitioners cannot claim parity with the co-accu
sed released on bail.

 Considering the submissions made by the respective parties, nature of accusati
on against the petitioners, the circumstances under which the deceased who is the wife of the
informant committed suicide and the role played by the petitioners, I am not inclined to relea
se the petitioners on anticipatory bail.

 Accordingly, the ABLAPL stands rejected.

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