Gitanjali Muduli v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7587 of 2022 Gitanjali Muduli ....

Petitioner Mr. C. Behera, Advocate -versusState of Odisha ....

Opposite Party Mr. P.K. Maharaj, ASC CORAM: JUSTICE V. NARASINGH

ORDER

01.12.2022 Order No.

03.

1.

Heard learned counsel for the petitioner and learned counsel for the State.

2.

The petitioner is an accused in T.R. Case No.291 of 2022, pending in the file of learned District and Sessions Judge, Khurda at Bhubaneswar, arising out of Bharatpur P.S. Case No.300 of 2022, for commission of alleged offences under Sections 21(b) of the NDPS Act.

3.

Being aggrieved by the rejection of her application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Khurda at Bhubaneswar by order dated 01.08.2022 in the aforementioned case, the present BLAPL has been filed.

4.

Perused the order of rejection.

5.

It is submitted by the learned counsel that the petitioner is in custody since 28.07.2022 and as charge sheet has already been filed on 25.09.2022, further continuance of the petitioner in custody is not warranted.

6.

Learned counsel for the State opposes the prayer for bail. 7.

Taking into account the contraband (brown sugar) seized being to the tune of 12.40 gms and considering the period of custody and filing of charge sheet, 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.

While enlarging the petitioner on bail, the learned court below shall verify assertion regarding criminal antecedent of the petitioner. If it comes to the fore that the petitioner has criminal antecedent of similar nature, this order shall stand recalled. 9.

Accordingly, the BLAPL stands disposed of.

10.

Urgent certified copy of this order be granted as per the rules.

(V. NARASINGH) Judge Santoshi