Bhramara Khadia vs State Of Odisha

R.K. Pattanaik, J

Heard learned counsel for the respective parties.

Instant petition under Section 439 Cr.P.C. is filed by the petitioner for release on bail in connection with T.R. Case No.156 of 2023 pending in the file of learned Sessions Jude-cum-Judge (Special Court), Sambalpur arising out of Dhanupali P.S. Case No.330 of 2023 dated 9th October, 2023 registered under Sections 21(C) & 29 of the NDPS Act on the grounds stated therein.

Learned counsel for the petitioner submits that some of the accused persons have been released on bail and claims that the petitioner is similarly situated. A copy of the order dated 12th  February, 2024 in respect of co-accused, namely, Kunu Khadia in BLAPL No.496 of 2024 is produced by learned counsel for the petitioner and pleads for release of the petitioner on similar terms and conditions.

Mr. Behera, learned ASC for the State objects to release of the petitioner on the ground that large quantity of cough syrup bottles have been recovered and seized.

Gone through the contents of the FIR as at Annexure-2.

The petitioner is in judicial custody since 9th October, 2023. Some of the accused persons have already been released on bail in the meantime. The bail order of another accused, namely, Sk. Riyazudin in BLAPL No9.13529 of 2023 is at Flag-A and the same is perused. The petitioner appears to be on similar footing like the co-accused persons. It is informed to the Court that the chargesheet has not yet been filed. However, under the impression that substantial part of investigation must have been over by now and as the petitioner has remained in custody since the month of October, 2023 and he being similarly involved like others, the Court is inclined to grant him bail with the following conditions.

Accordingly, it is ordered.

In the result, the petition under Section 439 Cr.P.C. stands allowed. Consequently, the petitioner is directed to be released on bail in connection with T.R. Case No.156 of 2023 corresponding to Dhanupali P.S. Case No.330 of 2023 subject to him furnishing a bail bond of Rs.30,000/-(rupees thirty thousand) with one solvent surety for the like amount to the satisfaction of the learned Sessions Jude-cum-Judge (Special Court), Sambalpur, who shall be at liberty to impose other suitable conditions as deemed just and proper in the facts and circumstances of the case.

The BLAPL is disposed of.

Urgent certified copy of this order be granted as per rules.

………………………………..