← Library
Orissa High CourtBLAPL/6563/2021disposed off

Sarbeswar Behera @ Bapi v. State Of Odisha

2022-01-05Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.6563 of 2021 Sarbeswar Behera @ Bapi ....

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

Opposite Party Mr. P.C. Das, Additional Standing Counsel for State

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

05.01.2022 Order No.

03.

1.

This is an application under Section 439 Cr.P.C. filed by the Petitioner for bail in connection with Khurda Model P.S. Case No.296 of 2020, corresponding to T.R. Case No.121 of 2021, pending in the court of 1st Addl. Session Judge-cum-Special Judge under NDPS Act, Khurda, for commission of alleged offences under Sections 21(b)/19 of N.D.P.S. Act.

2.

Heard learned counsel for the Petitioner and Mr. P.C. Das, learned Additional Standing Counsel for State. 3.

Learned counsel for the Petitioner submits that Petitioner is in jail custody since 31.07.2021. It is further submitted that the quantity of 30.8 gm of Brown Sugar has been recovered from the possession of the Petitioner.

4.

Learned counsel for the State submits that the Present petitioner has three criminal antecedents.

// 2 // 5.

Considering the nature of allegations and the fact that Petitioner is in jail custody since the date of his arrest, i.e. from 31.07.2021, I am inclined to release the Petitioner on bail in the above case on furnishing a bail bond of Rs.50,000/- (Rupees Fifty thousand) with one solvent surety for the like amount to the satisfaction of the learned court in seisin of the matter subject to conditions that the Petitioner shall appear before the local police station on every Sunday at 11.00 A.M. to 1.00 P.M. and cooperate in the investigation. It is open to the trial court in seisin of the matter to impose any other conditions, if situation so warrants. 6.

With the above direction, the BLAPL is accordingly allowed.

7.

Issue urgent certified copy as per rules.

(A.K. Mohapatra) Judge U.K.Sahoo