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Orissa High CourtBLAPL/6615/2022disposed off

Ashok Kumar Barik v. State Of Odisha

2022-11-10Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6615 of 2022 Ashok Kumar Barik ....

Petitioner Mr. S.K. Das, Advocate -versusState of Odisha ....

Opposite Party Mr. G.R. Mohapatra, ASC CORAM: JUSTICE V. NARASINGH

ORDER

10.11.2022 Order No.

02.

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 Special Case No.4 of 2022 pending on the file of learned Addl. District and Sessions Judgecum-Special Judge, Athagarh, arising out of Kanpur P.S Case No.99 of 2022, for commission of the offence under Section 20(b)(ii)(C)/25/29 of the NDPS Act.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge, Athagarh by order dated 30.06.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Considering the nature of allegation and since the matter is still under investigation, this Court is not persuaded to consider the bail application at this stage.

6.

It shall be open to the petitioner to move the learned Court in seisin over the matter after filing of charge sheet and the same

shall be considered on its own merits without being influenced by the earlier rejection or the order passed by this Court. 7.

Accordingly, the BLAPL stands disposed of.

8.

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