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Orissa High CourtBLAPL/819/2020disposed off

Nepal Mandol v. State Of Odisha

2022-07-26Mr. Justice D.Dash2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL NO.819 OF 2020 Nepal Mandol ....

Petitioner Mr. R.L. Pattnaik, Advocate -versusState of Odisha ....

Opposite Party Mr.S.K. Nayak, AGA.

CORAM:

MR. JUSTICE D.DASH

ORDER

26.07.2022 07.

1.

This matter is taken up by through hybrid arrangement Order No.

(virtual/physical) mode.

2.

This is the second journey of the Petitioner, who is in custody in connection with Baipariguda P.S. Case No.125 of 2019 corresponding to T.R. Case No.62 of 2019 pending on the file of learned Sessions Judge-cum-Special Judge, Koraput, running for the alleged commission of offence under section20(b)(ii)(C) of the NDPS Act, in filing this application under section 439 of the Cr.P.C., for reconsideration of the prayer for grant of bail to the Petitioner.

3.

Taking into account the submissions made; further keeping in view the materials on records as those stand against the Petitioner as also the factum of release of co-accused persons on bail vide orders dated 05.05.2022, 03.12.2021 and 06.12.2021 passed by this Court in BLAPL No.4357 of 2020, BLAPL No.4354 of 2020 and BLAPL No.4353 of 2020, with other surrounding circumstances including the period of

// 2 // detention of the Petitioner in custody; while being inclined to reconsider the prayer for grant bail to the Petitioner in the aforesaid case, it is directed that the Petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the Court in seisin of the case with further conditions that:-

1. Petitioner shall furnish his address along with the contact mobile number by way of affidavit and in case of any change, shall intimate the same in that way;

2. Shall appear before the IIC, Murshidabad, in the State of West Bengal every Monday in between 10 am to 2 pm for a period of next six months;

3. Shall appear in person before the Court in seisin of the case on each date of posting of the case till conclusion of the trial; and

4. will not indulge himself in commission of similar type of offence;

Violation of any of the condition(s) shall entail cancellation of bail.

5.

The BLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Narayan