GOPI ALIAS GOPAL ROUT Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS bail application has been filed under Section 439, Cr. P.C. by the applicant Gopi @ Gopal Rout in connection with C.T. Case No.133 of 2012 pending before the learned Sessions Judge, 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 450/395, 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 co-accused persons, who have been granted bail vide BLAPL Nos.25178 of 2011, 25179 of 2011 and 8085 of 2012. 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 and Kunia @ Gora @ Sampad Behera in the meantime has been granted bail in BLAPL No.24420 of 2012. 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, which were seized in presence of the witnesses. Similarly, confessional statements of Kunia were recoded who led to discovery of stolen properties. Both of them are implicated in the case on the basis of the statement of co-accused. 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 Gopi 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.