Amal Dey v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 1833 OF 2021 Amal Dey .........

Petitioner Mr. Manoranjan Padhy, Advocate -versusState of Odisha ............

Opposite Party Mr. K.K. Gayak, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

30.06.2022 Order No.

07.

1.

This matter is taken up through Hybrid Mode.

2.

Heard learned Counsel for the petitioner and learned Counsel for the State.

3.

The petitioner is an accused in connection with T.R. Case No. 57 of 2020 corresponding Orkel P.S. Case No. 103 of 2020, pending on the file of the learned Sessions Judge-cum-Special Judge, Malkangiri for the alleged commission of offence under Sections-20(b)(ii)(C)/27-A of the NDPS Act. The petitioner is in custody since 09.03.2020.

4.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the Sessions Judge-cum-Special Judge, Malkangiri by Order dtd. 15.02.2021 in T.R. No.57 of 2020, the present BLAPL has been filed.

5.

Learned counsel for the petitioner relying on the order passed by this Court on 29.03.2022 in BLAPL No. 1490 of 2021, seeks to be released on bail inter alia on the ground of parity. 6.

It is submitted by the learned counsel for the State on the basis of recitals in the Case Diary that, the petitioner has two criminal antecedents of similar nature.

7.

Taking note of the same, since the petitioner is not exfacie similarly circumstanced with the other co-accused- Surajit Das, this Court is not inclined to entertain this application for bail. The same is accordingly stands rejected.

8.

Accordingly, the BLAPL is dismissed.

9.

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