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Judgment
10 paragraphs · 273 wordsSashikanta Mishra, J
This matter is taken up through hybrid mode.
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is in custody in connection with Chitrakonda PS Case No. 139 of 2021 corresponding to G.R. Case No. 102 of 2021 pending in the Court of learned Sessions Judge-cum-Special Judge, Malkangiri for the alleged commission of offence under Sections 20(b)/(ii)(C)25/27/29 of the NDPS Act.
It is submitted that the co-accused persons, namely, Deepak Jena and Nilachala Padhi, who are also named in the FIR along with the petitioner have been released on bail as per order passed by this Court in BLAPL No. 84 of 2022 and BLAPL No. 3428 of 2022 respectively. It is further submitted that there is no independent material to show that the petitioner was occupant of the vehicle in which the contraband was found. Police has foisted the case against him only on the basis of his confession.
Taking into consideration all the above facts, the period of detention in custody and the fact that the co-accused persons have been released on bail. I find no reason to treat the petitioner differently. The bail application is therefore allowed.
Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the trial court on each date of posting of the case without fail.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
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