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Orissa High CourtBLAPL/5254/2022disposed off

Dilip Biswas v. State Of Odisha

2022-06-22Mr. Justice Sashikanta Mishra3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.5254 of 2022 Dilip Biswas ....

Petitioner Mr. A.K.Jena Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

22.6.2022.

Order No.

01.

1. This matter is taken up through hybrid mode.

2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3. The Petitioner is in custody since 23rd May, 2022 in connection with Mathili P.S. Case No.130/2020 corresponding to T.R .Case No.103/2020(A) pending in the court of learned Sessions Judge-cum-Special Judge, Malkangiri for the alleged commission of the offence under Section 20 (b) (ii) (C)-27A/29 of the NDPS Act.

4. It is submitted that nothing was seized from the conscious and exclusive possession of the Petitioner and that he has been

// 2 // implicated in the case solely on the basis of the statement of the co-accused to the effect that he had financed the entire operation. It is further submitted that the co-accused persons namely, Sankar Hindia and Nilakandha Basu have already been released on bail as per the orders passed by this Court in BLAPL Nos.220/2021 and 3604/22.

5. Considering the submissions as above, the materials on record and the fact that the co-accused persons have already been released on bail coupled with the fact that the Petitioner appears to have been implicated in the case entirely on the basis of the statement of the co-accused persons, I am inclined to allow the prayer for bail. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the court in seisin over the matter in the aforesaid case including the condition that he shall appear before the trial court on each date of posting of the case and in case of even a single default, necessary orders shall be passed by the court to take him to custody again.

6. The BLAPL is disposed of.

7. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) AKB Judge

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