Prasanta Kumar Gamango v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 4710 of 2022 Prasanta Kumar Gamango ....

Petitioner Mr. J.K. Panda, Advocate - Versus - State of Odisha ....

Opposite Party Mr. P. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

22.06.2022 1.

This matter is taken up through hybrid mode.

Order No.

1.

2.

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

3.

This is a successive bail application filed by the petitioner, his earlier bail application being permitted to be withdrawn on 19.04.2022.

4.

The petitioner is in custody since 09.07.2021 in connection with Khandagiri P.S. Case No.359 of 2021 corresponding to T.R. No.291 of 2021 pending in the Court of learned 5th Additional Sessions Judge, Bhubaneswar for the alleged commission of offence under Sections 20(b)(ii)(C)/29 of NDPS Act.

5.

As per the FIR, the petitioner and another person namely, Prasant Majhi were carrying contraband ganja in the vehicle while they were apprehended. The petitioner was the driver of the said vehicle. The co-accused, Prasanta Majhi has been granted bail as per the order passed by this Court in BLAPL No.8910 of 2021. Another co-accused, namely, Sujaya Majhi has also been granted bail as per order passed by this Court in

BLAPL No. 4230 of 2022. In so far as the present petitioner is concerned, this Court finds no justified reason to treat him differently than the co-accused persons, who have already been released on bail. As such, I am inclined to allow the prayer for bail.

6.

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 he shall appear before the Court below on each date of posting of the case without fail and in case of even a single default, the Court below shall pass appropriate orders to take him to custody again.

7.

BLAPL is accordingly disposed of.

8.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana