IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 11089 of 2024
Rushia Patra Petitioner
Mr. Gopal Krishna Nayak, Advocate
…..
Vs.
State of Orissa Opp. Party
Ms. J. Sahoo, A.S.C.
…..
CORAM:
JUSTICE SAVITRI RATHO
ORDER
24.12.2024
(Through hybrid mode)
Order No.
1. This application under Section 439 of Cr.P.C. has been
02.
filed in connection with Jagannath Prasad P.S. Case No.636 of
2023 corresponding to G.R. Case No.854 of 2023, pending in the
Court of the learned J.M.F.C., Jagannath Prasad against the
petitioner and other accused persons under Sections 294, 323,
379, 307, 506, 34 of IPC.
2. This bail application has been listed before me as BLAPL
No. 12565 of 2023 filed by the co-accused persons had been
allowed by me on 20.12.2023.
3. The prayer for bail of the petitioner has been rejected on
25.10.2024 by the learned Addl. Sessions Judge, Bhanjanagar.
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4. Perused the report dated 16.12.2024 of the learned
J.M.F.C., Jagannathprasad, where she has stated that
“at the time of submission of charge sheet, the
accused persons namely Rusia Patra, Anil Patra and
Sushanta Patra were found absconded and the accused
persons namely Ahalya Patra and Sai Patra were on
notice under Section 41(A) of the Cr.P.C.After submission
of charge sheet, cognizance for the offence under Section
147,148,341,294,323,324,325,379,307, 506,149 of IPC
has been taken on 06.12.2023. Accused persons namely
1. Ramesh Patra, 2. Santosh Patra and 3. Kantari Patra
have been released on bail by the High Court in BLAPL
No.12565 of 2023.”
5. Mr. G. K. Nayak, learned counsel for the petitioner submits
that the petitioner is in custody since 20.10.2024. As other co-
accused persons have been released on bail, considering the
nature of allegations against him, his prayer for bail may be
allowed.
6. Ms. J. Sahoo, learned Additional Standing Counsel opposes
the prayer for bail stating that the petitioner has avoided arrest
during investigation and after almost one year has been
arrested on 20.10.2024 on execution of NBW which had been
issued against him as he did not appear in the Court. Cognizance
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of the offences had been taken on 06.12.2023. She further
submits that co-accused Anil Patra and Susanta Patra are yet to
be arrested.
7. Considering the fact that the petitioner had evaded arrest
for almost one year, I am not inclined to release him on bail. The
BLAPL is dismissed.
8. Liberty is however granted to the petitioner to move the
learned Court below for bail afresh, after surrender/apprehension
of the co-accused Anil Patra and Susanta Patra or if there is
undue delay in commencement of the trial.
(Savitri Ratho)
Judge
Subhalaxmi
Signature Not Verified
Digitally Signed
Signed by: SUBHALAXMI PRIYADARSHANI
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SAHOO Page
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 24-Dec-2024 19:29:04