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High Court of Orissa · body

2025 DAILYLAW 74751 (ORI)

SK. RAJU v. STATE OF ODISHA

BLAPL/10550/2025 · 2025-10-27

Gourishankar Satapathy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK Sk. Raju (In BLAPL No.10550 of 2025) Abujafar Khan (In BLAPL No.10646 of 2025) Abhilash Nayak @ Gudu (In BLAPL No. 10756 of 2025) … Petitioners Mr. D.K. Sahoo, Advocate (In BLAPL No. 10550 of 2025) Mr. B. Dalai, Advocate (In BLAPL No. 10646 of 2025) Mr. D. Patnaik, Advocate (In BLAPL No. 10756 of 2025) -versus- State of Odisha … Opposite Party Mr. P. Satpathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 27.10.2025 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Since these three bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties. 3. These are the bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Derabish P.S. Case No.111 of 2025 corresponding to G.R. Case No.355 of 2025 pending in the file of learned J.M.F.C. (C.T.), Kendrapara, for commission of offences punishable U/Ss. 333/310(2) of BNS, on the main allegation of committing theft in the house of the informant by identifying themselves as State Vigilance personnel. 4. Heard, Mr. Deepak Kumar Sahoo, learned counsel for the petitioner in BLAPL No. 10550 of 2025; Mr. Biswaranjan Dalai, learned counsel for the petitioner in BLAPL No. 10646 of 2025; Mr. Debasish Patnaik, learned counsel for the petitioner in BLAPL No.10756 of 2025; Mr. P. Satpathy, learned Additional Public Prosecutor in these matters and perused the record. 5. Admittedly, co-accused Jakir Khan, who has been identified in TI parade has already been granted bail by a co-ordinate Bench of this Court in BLAPL No.9810 of 2025. Besides, the other co-accused persons namely Prafulla Kumar Behera @ Babu @ Prafulla Behera (BLAPL No. 8854 of 2025), Sk. Saraf Alii @ Sona (BLAPL No. 9140 of 2025) have also been granted bail by a co-ordinate Bench of this Court. Further, the petitioners-Abujafar Khan and Abhilash Nayak @ Gudu have not been identified in TI parade, whereas Sk. Raju has been identified in TI parade. In the context of parity, this Court considers it profitable to refer to the decision of the Apex Court in Satender Kumar Antil Vrs. Central Bureau of Investigation; 2022 SCC Online SC 825 wherein at paragraph-71, the Apex Court inter alia has observed as follows :- “71. Uniformity and certainty in the decisions of the court are the foundations of judicial dispensation. Persons accused with same offence shall never be treated differently either by the same court or by the same or different courts. Such an action though by an exercise of discretion despite being a judicial one would be a grave affront to Articles 14 and 15 of the Constitution of India.” 6. In view of the aforesaid facts and after having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioners vis-à-vis the accusations sought to be brought against them and on going through the materials placed on record with submission of charge sheet in the meantime, since co-accused standing on similar footing with petitioner-Sk. Raju and better footing than that of Sk. Raju have already been admitted to bail and keeping in view the right of the accused to be presumed innocent until proven guilty at the trial, this Court without expressing any view on merits admits each of the petitioners to bail, but subject to certain conditions. 7. Hence, these three bail applications of the petitioners namely Sk. Raju (BLAPL No. 10550 of 2025), Abujafar Khan (BLAPL No. 10646 of 2025) and Abhilash Nayak @ Gudu (BLAPL No. 10756 of 2025) are allowed and each of the petitioners is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with the following condition:- (iii) the petitioners shall report attendance before the IIC of Jurisdictional Police Station once in a fortnight preferably on a Sunday in each month in between 10 A.M. to 12 Noon for three(03) months from the actual date of release from the custody or till disposal of the case, whichever is earlier. The I.I.C. of Jurisdictional Police Station shall not detain the petitioners unnecessarily after recording their attendance beyond the time as stipulated. 8. Accordingly, these BLAPLs stand disposed of. 9. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge S.Sasmal Designation: Jr. Stenographer