Arata Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6492 OF 2022 Arata Behera .........

Petitioner Mr. L. Pattnaik , Advocate -versusState of Odisha ............

Opposite Party Mr. K.K. Gaya, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

28.07.2022 Order No.

01.

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 connection with T.R. Case No. 244 of 2022 arising out of EI & EB Unit-1, BBSR P.R. Case No. 147 of 2022-23, pending on the file of the learned District & Sessions Judge, Bhubaneswar for the alleged commission of offence under Sections-21 (b) of NDPS Act.

4.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned District & Sessions Judge, Khurda by Order dtd. 07.07.2022 in T.R. No. 244 of 2022, the present BLAPL has been filed.

5.

Learned counsel for the petitioner submits that there is no criminal antecedents against the petitioner, the matter may be examined by this Court.

6.

On going through the impugned order of rejection dtd. 07.07.2022, it is seen that the same was considered when the investigation was at a nascent stage.

7.

Considering the same, the BLAPL is disposed of giving liberty to the petitioner to renew his prayer after filing of charge -sheet.

8.

It is needless to say that the learned Court in seisin over the matter shall consider the bail application move afresh on its own merit without being influenced by the earlier rejection or the order passed by this Court.

9.

The Bail Application thus stands disposed of. 10.

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