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Orissa High CourtBLAPL/4371/2021disposed off

Dana@ Prasanna Pradhan v. State Of Odisha

2022-08-01Mr. Justice Sashikanta Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.4371 of 2021 Dana@ Prasanna Pradhan ....

Petitioner Mr. Jyotirmaya Sahoo, Advocate -Versus - State of Odisha ....

Opposite Parties Mr. P. Tripathy, Additional Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 01.08.2022 1.

This matter is taken up through hybrid mode.

Order No.

4.

2.

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

3.

The petitioner is in custody since 16.03.2021 in connection with Kumbharapada P.S. Case No. 71 of 2021, corresponding to Special G.R. Case No. 33 of 2021 of the court of learned Special Judge, Puri, for the alleged commission of offence under Sections 21(b)/21(c)/29 of NDPS Act, 1985.

4.

It is alleged that Petitioner was riding a motorcycle and another person was the pillion rider, namely, Akuna@Akshaya Nayak. Both were caught red-handed while transporting contraband brown sugar weighing 16 grams, which was seized from the conscious possession of the Petitioner. It is further submitted that Petitioner has been in custody for more than one year but trial has

not yet commenced. Moreover, he is a local man, therefore, there is no chance to abscond from trial. His application for bail was rejected by the learned Special Judge, Puri on 02.06. 2021. 5.

Considering the submissions, materials on record and the period of detention 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 conditions that he shall personally appear before the trial Court on each date of posting of the case without fail. Further, he shall appear before the I.I.C. of Kumbharapada P.S. on every Sunday at 10 a.m. for a period of six months and such fact shall be certified by the I.I.C. to the concerned court once in a month.

6.

BLAPL is accordingly disposed of.

7.

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

(Sashikanta Mishra) Judge B.C. Tudu