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Prakash Pradhan vs State Of Orissa

Orissa High Court · Decided on 23 April 2024 · Citation: (2024) 04 OHC CK 0204

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Narcotics Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)(C), 29
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 3591 Of 2024
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Judgment

14 paragraphs · 364 words

V. Narasingh, J

1.

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

2.

The Petitioner is an accused in connection with Special (NDPS) Case No.160 of 2023 pending on the file of learned Addl. District & Sessions Judge-cum-Special Judge, Kantamal, Boudh, arising out of Manamunda P.S. Case No.162 of 2023 for commission of alleged offence under Section 20(b)(ii)(C)/29 of the NDPS Act.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge-cum-Spl. Judge, Kantamal by order dated 11.04.2024 in the aforementioned case, the present BLAPL has been filed seeking interim release.

4.

The Petitioner is seeking interim release on account of marriage of his sister which is scheduled for 28.04.2024.

4.

On account of such submission, instruction was sought for from the learned counsel for the State regarding the veracity of the assertions relating to marriage.

5.

Getting telephonic instruction from the IIC, Manamunda, learned counsel for the State intimates this Court that the marriage is in fact scheduled for 28.04.2024.

6.

Considering the same, without entering into the contours of the merit, this Court on humanitarian ground, directs the Petitioner to be released on interim bail for a period of two weeks from the date of release. Terms to be fixed by the learned Court in seisin.

7.

During the currency of the interim bail period, it is directed that the Petitioner shall provide his mobile number and that of his father before the learned Court in seisin and shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin. Certification of such appearance shall be submitted to the learned Court in seisin.

8.

In addition to the sureties so fixed, one of the family member of the Petitioner shall execute a P.R. bond.

9.

It is needless to state that on expiry of the interim bail period, the Petitioner shall surrender and during the interregnum the Petitioner shall not indulge himself in any other offence.

10.

List this matter on 13.05.2024.

11.

Urgent certified copy of this order be granted in course of the day.

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