TIKI ALIAS PRASANT BARIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS bail application has been filed under Section 439, Cr. P.C. by the applicant Tiki @ Prasant Barik in connection with G.R. Case No. 2976 of 2011 pending before the learned S.D.J.M., Bhubaneswar corresponding to Laxmisagar P.S. Case No. 187 of 2011 for grant of bail to the applicant solely on the ground of parity.

(2.) THE petitioner is alleged to have committed offences punishable under Sections 457/395, I.P.C. read with Sections 25 and 27 of the Arms Act.

(3.) IN the bail application grounds taken by the petitioner are that petitioner has no complicity in the alleged crime; he has been falsely implicated; there is no clinching legal evidence available against the petitioner to connect him with the alleged crime; he has been implicated on the basis of the statement of co-accused which is a weak piece of evidence and the petitioner is entitled to be released on the ground of parity as he is similarly situated with that of the co-accused person, namely, Kunia Behera @ Goura @ Sampad Behera who has been granted bail vide order dated 8.10.2012 in BLAPL No.24420 of 2012. However, Mr. Mulia confined his argument for release of the petitioner on the ground of parity. He emphatically argued that the petitioner as well as Kunia was implicated in the case on the basis of statement of co-accused, namely Chakua @ Ramesh Mallick who was arrested at the spot. Mr. Mulia in order to show as to how the petitioner is similarly situated with that of Kunia submitted that confessional statement was recorded from the accused-petitioner, who led to recovery of stolen properties and one country made pistol which was seized in presence of the witnesses. Similarly, confessional statement of Kunia was recorded who led to discovery of stolen properties. So far as the criminal antecedent is concerned, the petitioner as well as Kunia has criminal antecedents. Both the petitioner and Kunia were identified in the T.I. parade. In support of his contentions, he filed a copy of the order dated 8.10.2012 passed in BLAPL No. 24420 of 2012 wherein Kunia has been granted bail and a comparative chart showing how the present petitioner Tiki is similarly situated with Kunia. Therefore, it was submitted that in the interest of justice and to maintain parity this petitioner should be released as co-accused Kunia has already been released on bail.