Millan Kumar Sahani v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 2642 of 2022 Millan Kumar Sahani ....

Petitioner MR. A.R. Panda, Advocate - Versus - State of Odisha .... Opposite Parties Mr. P. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

01.08.2022 1.

This matter is taken up through hybrid mode.

Order No.

03.

2.

This is second journey of the petitioner to this Court, his earlier application for bail being rejected as per order passed by this court in BLAPL No. 9074 of 2021.

3.

The petitioner is in custody since 28.09.2021 in connection with Phiringia P.S. Case No.123 of 2021 corresponding to c.t. Case No.67 of 2021 pending in the Court of learned District and Sessions Judge-cum- Special Judge, Kandhamal, Phulbani for the alleged commission of offence under Sections 20(b)(ii)(C)/25/29 of NDPS Act.

4.

It is submitted that in the meantime one of the co-accused persons, namely, Hemanta Digal, who stands exactly on the same footing as the petitioner has been released on bail as per order passed by this Court in BLAPL No. 11114 of 2021. It appears that the petitioner was one of the occupants of the red colour Mahindra KUV-100-KL vehicle from which nothing was recovered. It was simply alleged that the said vehicle was escorting a black colour OPEL Corsa Car from which contraband ganja was recovered.

5.

Considering the above facts, the materials on record and the period of detention of the petitioner in custody, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that she shall personally appear before the trial Court on each date of posting of the case without fail.

6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana