Bail should not be granted as a matter of course, especially in serious offenses, and should be considered on its own merit after examination of all the relevant factors.

JUDGMENT :

1. The petitioner Bina @ Binod Pradhan has filed this application under section 439 of Cr.P.C. in connection with Pipili P.S. Case No.89 of 2017 corresponding to G.R. Case No.134 of 2017 pending in the Court of learned J.M.F.C., Pipili in which charge sheet has been submitted under sections 147/148/341/323/324/325/326/307/379/294/506 read with section 149 of the Indian Penal Code and section 25 of the Arms Act.

2. The prosecution case per the first information report lodged by one Rabi Sahu of village Siula before the Inspector in Charge of Pipili police station on 14.3.2017 is that on 13.03.2017 at about 11 a.m. while he and his younger brother Guru Prasad and the friend of his younger brother namely, Ashok were returning home from the weekly market of Pipili, near Pipili Toll Gate, some anti-socials including the petitioner wrongfully restrained them and demanded money for taking liquor on the point of revolver on the head of Ashok and Guru Prasad. When the informant and his companions expressed their inability to meet such demand, all on a sudden co-accused Judhistira Swain instigated the other accused persons to kill them. Immediately the petitioner and co-accused Sanu assaulted Ashok by means of sword on the back side of his head. Guru Prasad was assaulted by means of sword by co-accused Jogia and Mantu. Susanta Pradhan who was following the informant was also assaulted by co-accused Baikunta Pradhan and Ramia Pradhan by lathi. After assaulting the persons, the accused persons threw them by the side of the road and looted gold chain, ring and cash from them. They also threatened the injured persons to kill. After some time, some persons arrived there and they carried Ashok, Guruprasad and Susanta who were in injured condition to Pipili Hospital but as their condition became alarming, they were shifted to Capital Hospital and then to Sree Hospital for treatment where they were fighting for life.

3. After registration of Pipili P.S. Case No.89 of 2017 on 14.03.2017, as per the direction of the Inspector in Charge of Pipili police station, Mr. Binay Kumar Das, A.S.I. of police conducted investigation. He examined the witnesses including the injured persons obtained injury reports from Pipili Hospital and Sree Hospital, Bhubaneswar, seized the weapon of offence, arrested the accused persons and finding prima facie case submitted charge sheet against some of the accused persons keeping the investigation open.

4. Mr. Kali Prasana Mishra, learned counsel appearing for the petitioner contended that the petitioner is in judicial custody since 17.03.2017 and co-accused persons has been released on bail in BLAPL No.7368 of 2017 and the matter has been amicably settled between the parties and therefore, the chance of conviction of the petitioner is bleak and since the petitioner is in custody for more than one year, the bail application of the petitioner may be favourably considered. He has filed the copy of the bail order of the co-accused in BLAPL No.7368 of 2017 which is taken on record.

5. Mr. Prem Kumar Patnaik, learned Addl. Govt. Advocate on the other hand opposed the prayer for bail. He submitted that the petitioner earlier approached this Court in BLAPL No.2946 of 2017 and his application for bail was rejected on 21.07.2017 as there are number of criminal antecedents against the petitioner and also on account of availability of prima facie material against him. It is contended that since the earlier bail application was rejected after submission of charge sheet and there is no change in the circumstances except that the petitioner has remained in custody for few months more, there is no scope for reconsideration of the bail application. It is contended that the co-accused Mantu @ Saroj Kumar Pradhan who has been enlarged on bail in BLAPL No.7368 of 2017 stands on a different footing and therefore, the petitioner cannot claim parity with the said accused or the co-accused persons namely, Subash Kumar Pradhan and Prakash