Prakash Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 4953 of 2022 Prakash Das ....

Petitioner Mr. S.P. Das, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

20.07.2022 Order No.

02.

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 T.R. Case No.357 of 2021, pending on the files of learned 5th Additional Sessions Judge, Khurda, Bhubaneswar, arising out of Bharatpur P.S. Case No.0273 of 2021, under Sections 21(c)/29 of the NDPS Act and is in custody since 16.08.2021.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 5th Additional Sessions Judge, Bhubaneswar, by order dated 06.05.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted that the petitioners have been implicated on the basis of the statement of the co-accused Sukura Patra from whom the contraband was seized and it is also submitted that this Court by order dated 11.02.2021 in BLAPL No.9154 of 2021in the case of co-

accused Rama Das and Shiba, taking note of non-seizure of any contraband, this Court directs the petitioner directed them to be released on bail.

6.

Considering the basis of acquisition and release of the coaccused, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin over the matter. 7.

According, the BLAPL stands disposed of.

8.

Urgent certified copy of this order be granted as per the rules. (V. NARASINGH) Judge Santoshi