Allowed

Dipu @Pintan Kumar Dalei v. State of Odisha

Orissa HC22 Feb 2024BLAPL/667/2024

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of a bail petition under Section 439 Cr.P.C. Granting relief based on parity with a co-accused, the petitioner was directed to be released on bail subject to furnishing a bond and surety.

What did the court decide?

Petitioner directed to be released on bail in connection with C.T. Case No.894 of 2023 subject to furnishing a bail bond of Rs.20,000 with one solvent surety.

Dipu @Pintan Kumar Dalei Vs State of Odisha — Bail and Remand | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.667 of 2024

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Dipu @Pintan Kumar Dalei

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…. Petitioner

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M/s. Amit Biswal, Advocate &

Associates

-Versus-

State of Odisha

…. Opposite Party Mr. J.P. Patra, ASC

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CORAM: MR. JUSTICE R.K. PATTANAIK

ORDER

Order No.

22.02.2024

Heard learned counsel for the petitioner and Mr. Patra, learned ASC for the State.

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Instant petition under Section 439 of Cr.P.C. is filed for release of the petitioner on bail in connection with C.T. Case No.894 of 2023 corresponding to Mancheswar P.S. Case No.311 of 2023 pending in the file of learned J.M.F.C.-II, Bhubaneswar on the grounds sated therein.

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Learned counsel for the petitioner submits that the coaccused, namely, Sajad Khan is on bail by this Court’s order dated 20^th December, 2024 in BLAPL No. 13838 of 2023, hence, the petitioner should be extended the same relief applying parity.

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Mr. Patra, learned ASC for the State, however, objects to the release of the petitioner on bail on the ground that a mobile handset was recovered from him and seized by the local police and he said to be having criminal antecedent.

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Perused the order in BLAPL No.13838 of 2023 as at Flag-A.

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The petitioner like the co-accused was identified during the T.I. Parade, which is admitted by the learned counsel appearing for him. It is brought to the notice of the Court that the investigation

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has already been over with the chargesheet filed. Recording the submission of learned counsel for the petitioner that the accused has been remanded in the present case and has been in custody since the date of such remand and having regard to the fact that the coaccused is on bail, since having a single criminal antecedent against him, the Court is inclined to release the petitioner on bail subject to the following conditions.

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Hence, it is ordered.

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In the result, the petition under Section 439 Cr.P.C. stands allowed. Consequently, the petitioner is directed to be released on bail in connection with C.T. Case No.894 of 2023 corresponding to Mancheswar P.S. Case No.311 of 2023 subject to him furnishing a bail bond of Rs.20,000/-(rupees twenty thousand) with one solvent surety for the like amount to the satisfaction of the learned J.M.F.C.-II, Bhubaneswar, who shall have the liberty to impose such other conditions as deemed necessary.

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The BLAPL is accordingly disposed of.

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Urgent certified copy of this order be granted as per rules.

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(R.K. Pattanaik) Balaram Judge

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Signature Not Verified

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Digitally Signed Signed by: BALARAM BEHERA Designation: Personal Assistant Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 23-Feb-2024 13:42:20

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Dipu @Pintan Kumar Dalei v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dipu @Pintan Kumar Dalei v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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