Duli Bibara v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 1712 of 2021 Duli Bibara and others ....

Petitioners Mr. P. Panigrahi, Advocate -versusState of Odisha ....

Opposite Party Mr. Karunakar Gaya, ASC CORAM: JUSTICE V. NARASINGH

ORDER

21.06.2022 Order No.

07.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The petitioners are an accused in T.R. Case No.41 of 2021, on the files of learned Additional Sessions Judge-cum-Special Judge, Gunupur, arising out of Chandrapur P.S. Case No.08 of 2021, under Sections 20(b)(ii) C/25/29 of the N.D.P.S. Act. and is in custody since 14.02.2021.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cumSpecial Judge, Gunupur, by order dated 17.02.2021 in the aforementioned case, the present BLAPL has been filed. 5.

On perusal of the Case diary and the manner in which the seizure was affected and the quantity of contraband seized, this Court is not inclined to entertain the bail application in respect of Petitioner Nos.1 and 2. The same accordingly stands rejected.

4.

Taking into account the role ascribed to the petitioner No.3 in the matter of seizure of the contraband, it is directed that the petitioner shall be released on bail on such terms to be fixed by the court in seisin of the matter.

5.

Accordingly, the BLAPL stands disposed of.

6.

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

(V. NARASINGH) Judge Santoshi