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Orissa High CourtBLAPL/6838/2022allowed

Tikun @ Tirthabasi Nanda v. State Of Odisha

2022-08-03Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6838 of 2022 Tikun @ Tirthabasi Nanda ....

Petitioner Mr. J. Khansama, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

03.08.2022 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 Special G.R. Case No.17 of 2022, on the files of learned Sessions Judge-cum-Special Court, Deogarh, arising out of Kundheigola P.S. Case No.132 of 2022, under Sections 20(b)(ii)C/27(A)/29 of the N.D.P.S. Act. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Special Court, Deogarh, by order dated 29.04.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the order of rejection.

6.

Learned counsel for the petitioner submits that this Court by order dated 22.07.2022 in BLAPL No.6141 and 6105 of 2022 have directed for release of co-accused.

7.

The orders passed in the said case be kept on record. Taking into account the period of custody and quantity of contraband seized (21kgs. 655 grams) and considering the submission of the learned counsel for the petitioner that wrong weighment cannot be ruled out, this Court directs the petitioner to be released on bail, on such terms to be fixed by the learned Court in seisin over the matter.

8.

Accordingly, the BLAPL stands disposed of.

9.

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