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Judgment
V. Narasingh, J
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is an accused in connection with G.R. Case No.302 of 2023, pending in the file of learned S.D.J.M., Patnagarh, arising out of Khaprakhol P.S. Case No.61 of 2023 for alleged commission of offences under Sections 274/275/276/120-B of IPC.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Patnagarh by order dated 18.05.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted that the petitioner is in custody since 03.05.2023 on the allegation of possessing 120 numbers of OMEREX Cough syrup bottles without authority.
It is further submitted that as investigation has progressed substantially, he may be released on bail.
Learned counsel for the petitioner also relies on the order dated 22.06.2023 passed by this Court relating to the release of the co-accused in BLAPL No.6471 of 2023 and seeks release inter alia on the ground of parity.
Learned counsel for the State opposes the prayer for bail during the currency of investigation.
Considering the nature of allegation and keeping in view substantial progress in investigation, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
Additionally, it is directed that the petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till submission of final form. Certification of such appearance shall be submitted to the learned Court in seisin.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rules.
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