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Orissa High CourtBLAPL/6158/2022allowed

Sanjeeb Meher @ Sanjeev Meher v. State Of Odisha

2022-07-22Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6158 OF 2022 Sanjeeb Meher @ Sanjeev Meher .........

Petitioner Mr. S.N. Mishra-4, Advocate -versusState of Odisha ............

Opposite Party Mr. S.N. Pattnaik, AGA

CORAM:

JUSTICE V. NARASINGH

ORDER

22.07.2022 Order No.

01.

1.

This matter is taken up through Hybrid Mode.

2.

The learned counsel for the petitioner is permitted to correct the cause title in Court.

3.

The petitioner is an accused in connection with Special C.T. Case No. 57 of 2021 (NDPS) arising out of Kesinga P.S. Case No. 348 of 2021, pending on the file of the learned Special Judge, Kalahandi at Bhawanipatna for the alleged commission of offence under Sections-20(b)(ii)(C)/ 29 of NDPS Act. 4.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned Special Judge, Kalahandi, Bhawanipatna by Order dtd. 22.06.2022 in Special C.T. Case No.57 of 2021(NDPS), the present BLAPL has been filed. 5.

Heard learned counsel for the petitioners and learned Counsel for the State.

6.

Learned counsel for the petitioner relying on the orders of this Court dtd. 19.01.2022 passed in BLAPL No. 9942 of 2021 and order dtd. 10.05.2022 in BLAPL No. 3254 of 2022, the petitioner seeks to be release on bail inter alia on the ground of parity.

7.

Learned counsel for the State opposes the prayer in view of the Bar contained under Section 37 of the NDPS Act. 8.

Considering the submission made across at the Bar that the seizure was from co-accused (Papuram Rameshvar Gupta @ Rameswar) who has since been released on bail in BLAPL No. 3254 of 2022, this Court directs the petitioner to be released on bail on such terms and conditions to be fixed by the learned Court in seisin over the matter.

9.

The Bail Application thus stands disposed of. 10.

Urgent certified copy of this order be granted as per rule. ( V.Narasingh ) Balaram Judge