Ramu Sahu vs State Of Odisha

V. Narasingh, J

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

The Petitioner is an accused in Special (NDPS) Case No.20 of 2022 pending on the file of learned Addl. District & Sessions Judge, Kantamal, Boudh, arising out of Kantamal P.S. Case No.70 of 2022 for commission of offence under Sections 20(b)(ii)(c) of the N.D.P.S Act.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Addl. Sessions Judge-cum-Special Judge, Kantamal by order dated 04.01.2023 in the aforementioned case, the present BLAPL has been filed.

Perused the order of rejection.

It is submitted by the learned counsel that the Petitioner is in custody since 03.06.2022 and the charge sheet has been filed on 29.11.2022.

It is further submitted that the co-accused has since been released on bail by order dated 09.12.2022 in BLAPL No.7003 of 2022. Hence, on the ground of parity, he seeks release.

Per contra, learned counsel for the State opposes the prayer for bail relying on the bar contained in Section 37 of the N.D.P.S Act and also that since the Petitioner does not reside within the State, it would be difficult to ensure his presence during the trial and hence seeks rejection of the bail application.

Considering the filing of the charge sheet and release of the co-accused, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin.

Before releasing the Petitioner on bail, learned Court in seisin shall verify criminal antecedent of the Petitioner from P.S. Gudiyari, Dist-Raipur, Chhatisgarh.

If it comes to fore that the Petitioner has any criminal antecedent, this order shall stand recalled.

Accordingly, the BLAPL stands disposed of.

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

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