Rasika 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 connection with C.T.(Special) Case No.72 of 2023, pending before the Court of the learned District & Sessions Judge-cum-Special Judge, Bargarh, arising out of Bargarh P.S. Case No.507 of 2023, for commission of the alleged offence under Section 21(b)/29 of NDPS Act.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Bargarh by order dated 29.08.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the Petitioner is in custody since 20.08.2023 and as the investigation has progressed substantially, he may be released on bail.

The accusation against the Petitioner is of possessing 3200 bottles of Eskuf cough syrup containing 100 ml. each without any authority.

Learned counsel for the Petitioner relies on the order dated 02.09.2023 passed by this Court in respect of the co-accused namely, Khageswar Padhan in BLAPL No.9257 of 2023 and seeks release inter alia on the ground of parity.

Learned counsel for the State opposes the prayer for bail during currency of investigation.

Taking into account the period in custody and 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 over the matter.

Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till submission of final form and thereafter once every two months till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

Accordingly, the BLAPL stands disposed of.

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

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