Nikunta Digal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7304 of 2022 Nikunta Digal ....

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

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

ORDER

26.08.2022 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 T.R. Case No.243 of 2022, on the files of learned District & Sessions Judge, Khurda, AtBhubaneswar, Dist-Khurda, arising out of Bharatpur P.S. Case No.254 of 2022, under Sections 20(b)(ii)B of NDPS Act and is in custody since 20.06.2022.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Khurda at Bhubaneswar, by order dated 18.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the rejection order.

6.

Considering the quantity of the contraband seized to the tune of 12.200 K.g (Ganja), which is admittedly less than

commercial quantity and the period of custody, 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.

7.

Learned Court while releasing the petitioner on bail shall ensure that one of the sureties shall be his immediate family member.

8.

Accordingly, the BLAPL stands disposed of.

9.

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