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Orissa High CourtBLAPL/652/2021disposed off

Bibek Puri @ Bibeka Puri v. State Of Odisha

2022-04-12Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 652 OF 2021 Bibek Puri @ Bibeka Puri .........

Petitioner Mr. J.Sahoo, Adv.

-versusState of Odisha ............

Opposite Party Mr. K.K. Gaya, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

12.04.2022 Order No.

05.

1.

This matter is taken up through Hybrid Mode.

2.

The petitioner is an accused in connection with G.R. Case No. 20 of 2020 (N) on the file of the Learned Additional Sessions Judge-cum-Special Judge, Aska, arising out of Dharakote P.S. Case No. 172 of 2020, for commission of alleged offence under Sections-20(b)(ii)(C) of N.D.P.C., Act and is in custody since 16.11.2020.

3.

Being aggrieved by the order dtd. 18.12.2020 passed by the Learned Additional Sessions Judge-cum-Special Judge, Aska in G.R. Case No. 20 of 2020 (N), rejecting the bail application of the petitioner, the present BLAPL has been filed. 4.

Heard Mr. J.Sahoo, learned counsel for the petitioner and Mr. K.K. Gaya, learned Additional Standing Counsel for the State.

5.

Learned Counsel for the Petitioner relying on the order of this Court dated 6.04.2022 in BLAPL No. 744 of 2021 seeks intervention of this Court inter alia on the ground of parity.

6.

Learned counsel for the State opposes the move in view of the bar under Section 37 of the NDPS Act.

7.

Considering the release of the co-accused and that the petitioner is similarly circumstanced, this court directs the petitioner shall be released on bail on such terms to be fixed by the learned Court in seisin over the matter, including the conditions that he shall attend each date of trial. 8.

The Bail Application thus stands disposed of. 9.

Urgent certified copy of this order be granted as per rule. ( V.Narasingh ) Dhal Judge