IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.11154 of 2024
….
Subidha Rana @ Urmila Petitioner
Mr. D.R. Mishra, Advocate
-versus-
….
State of Odisha Opposite Party
Mr. C.R. Swain, AGA
CORAM: JUSTICE V. NARASINGH
ORDER
30.11.2024
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
C.T. Case No.172 of 2023 pending on the file of
learned Addl. Sessions Judge, Bhawanipatna arising
out of Kesinga P.S. Case No.183 of 2023 for
commission of the alleged offence under Sections
457/395/120B of IPC.
3. Being aggrieved by the rejection of her
application for bail U/s. 439 Cr.P.C by the learned
Addl. Sessions Judge, Bhawanipatna by order dated
10.05.2024 in the aforementioned case, the present
bail application has been filed.
4. It is submitted by the learned counsel that the
Petitioner is in custody since 30.05.2023.
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5. It is further submitted that the allegation
against her is that she facilitated the others accused
persons to get entry into the house to commit the
offence.
6. It is stated that as the Petitioner is the first
offender, she may be released on bail.
7. On instruction it is stated that the investigation
has been concluded.
8. Learned counsel for the Petitioner places on
orders relating to the co-accused dated 12.09.2023,
13.09.2023 and 04.10.2023 in BLAPL Nos.9760 of
2023, 9929 of 2023 and 10581 of 2023 respectively
and seeks release, inter alia, on the ground of parity.
9. During the course of submission learned
counsel for the Petitioner submits that in the
impugned order of rejection C.T. Case number has
been mentioned as “C.T. Case No.192 of 2023”
whereas the correct number is “C.T. Case No.172 of
2023” which is reflected in the order relating to the
co-accused.
10. Since learned counsel has been engaged
through the aegis of the Legal Aid, learned Court in
seisin is requested to verify the C.T. Case Number
and act accordingly.
11. The memo filed by the learned counsel for the
Petitioner is taken on record.
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12. Learned counsel for the State opposes the
prayer for bail.
13. Taking into account the nature of allegation,
release of the co-accused and the Petitioner being the
first offender as stated and a lady, this Court directs
the Petitioner to be released on bail on such terms to
be fixed by the learned Court in seisin subject to
verification of criminal antecedent.
14. If it comes to fore that the Petitioner has any
criminal antecedent, this order shall stand recalled.
15. Accordingly, the BLAPL stands disposed of.
16. Urgent certified copy of this order be granted
as per rules.
(V. NARASINGH)
PKS
Judge
Signature Not Verified
Digitally Signed
Signed by: PRADEEP KUMAR SWAIN
Designation: Assistant Registrar-cum-Senior Secretary
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 02-Dec-2024 15:19:44
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