Sk. Ajbahar vs State Of Odisha

Sashikanta Mishra, J

This matter is taken up through hybrid mode.

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

The Petitioner is in custody since 1.5.2024 in connection with Jaleswar P.S. Case No-297/2021, corresponding to Special Case No.235/2021, pending before the court of learned Sessions Judge-cum-Special Judge, Balasore, for the alleged commission of the offence under Sections 21(c)/29 of the N.D.P.S. Act.

The prosecution case is that one Sk. Eimat @ Budhia was arrested in connection with the case for supplying 264 grams of contraband brown sugar to one Samir Khan from whom the said brown sugar was recovered. In course of investigation, the said Sk. Eimat @ Budhia confessed to have obtained the brown sugar from the present Petitioner. There is no other evidence to show the presence of the Petitioner at the spot or of possessing the contraband. His implication appears to be only on the basis of the statement of the co-accused. As such, the ratio laid down in the case of Tofan Singh v. State of Tamil Nadu; reported in (2020) 80 OCR (SC)-641, squarely applies to the present case.

Considering the submissions as above and the fact that the co-accused Samir Khan has already been granted bail, I am inclined to allow the prayer for bail. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the Court in seisin over the matter in the aforesaid case including the condition that he shall personally appear before the trial court on each date of posting of the case without seeking representation through counsel and he shall appear before the I.I.C. of Jaleswar P.S. on every Sunday at 10 A.M. for a period of six months and such fact shall be certified by the I.I.C. to the concerned court once every month.

The BLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

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