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Akshaya Kumar Nath @ Kalia Vs State Of Odisha T

Orissa High Court · Decided on 16 January 2024 · Citation: (2024) 01 OHC CK 0138

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)C
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 13181 Of 2023
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Judgment

11 paragraphs · 240 words

V. Narasingh, J

I.A. No.29 of 2024

1.

Heard learned counsel for the Petitioner and learned counsel for the State.

2.

The Petitioner is an accused in connection with T.R. No.262 of 2023, pending before the Court of the learned 5th Addl. Dist & Sessions Judge, Bhubaneswar, arising out of Bharatpur P.S. Case No.200 of 2023, for alleged commission of offences under Sections-20(b)(ii)C of the NDPS Act.

3.

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. Case is pending in any other Court.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 5th Addl. Sessions Judge, BBSR,I/c by order dated 26.12.2023 in the aforementioned case, the present BLAPL has been filed.

5.

This I.A. has been filed by the Petitioner for modification of order dated 18.12.2023.

6.

Taking into account the recitals in the I.A. and the submission at the Bar that inadvertently the criminal antecedent could not be mentioned, this Court is not inclined to entertain this I.A.

7.

Leave is granted to the Petitioner to renew his prayer before the learned Court in seisin, which shall be considered on its own merit without being influenced by the earlier rejection or the order passed by this Court and also taking into account the co-accused has since been released on bail.

8.

Accordingly, the I.A. stands disposed of.

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