Abhi @ Abhinash Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 4751 OF 2021 Abhi @ Abhinash Das & another .........

Petitioners Mr. B.P.Pradhan, Adv.

-versusState of Odisha ............

Opposite Party Mr.P.Mohaptra, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

30.06.2022 Order No.

03.

1.

This matter is taken up through Hybrid Mode.

2.

Heard learned counsel for the parties.

3.

The Petitioners are accused in connection with T.R. Case No.5/55 of 2021 arising out of Satyabadi P.S. Case No. 177 of 2019 pending on the file of learned 3rd Additional Sessions Judge, Puri registered for the alleged commission of offence under Sections 20(b)(ii)(c) of the NDPS Act.

4.

Being aggrieved by the rejection of his application for bail U/s 439 Cr.P.C. by the learned 3rd Additional Sessions Judge, Puri by order dated 21.05.2021, the present BLAPL has been filed 5.

Learned counsel for the petitioners submits that the basis of implication was on account of statement of one Narendra Kumar Patra @ Anil. He places reliance on the order of this Court dated 31.08.2022 in BLAPL No. 5264 of 2022 releasing the said Narendra Kumar Patra on bail.

6.

Taking into account the release of the co-accused and in view of the law laid down by the Apex Court in the case of Tofan Singh Vs. State of Tamilnadu, reported in (2020) 80 OCR (SC) 641, this Court directs the petitioners to be released on bail on such terms to be fixed by the learned court in seisin over the matter.

07.

Accordingly, the BLAPL stands disposed of.

08.

Issue urgent certified copy of this order as per Rules. ( V.Narasingh ) Judge Dhal