Sanjay Mohapatra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.6824 of 2021 Sanjay Mohapatra ....

Petitioner Mr. A.S. Paul, Advocate -versusState of Odisha ....

Opposite Party Mr. T.K. Praharaj, Standing Counsel

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

09.02.2022 03.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the Petitioner and learned counsel for the State. Perused the F.I.R., case diary and other relevant documents on record.

3.

This is an application under Section 439 of the Criminal Procedure Code.

4.

The Petitioner is an accused in T.R. Case No.113 of 2021 arising out of Jankia P.S. Case No.136 of 2021 pending in the court of learned 1st Additional Sessions Judge-cum-Special Judge under NDPS Act, Khurda for commission of offence punishable under Sections 21(b)/29 of the N.D.P.S. Act.

5.

Learned counsel for the Petitioner submits that the Petitioner has been falsely implicated in this Case and he is in custody since 03.07.2021. He further submits that co-accused person has already been released on bail on similar footing with the present Petitioner. 6.

Learned counsel for the State vehemently opposes the prayer for

// 2 // bail of the Petitioner.

7.

Having heard learned counsel for the parties and considering the period of detention of the Petitioner and the fact that co-accused person has already been released on bail, it is directed that let the Petitioner be released on bail on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter subject to conditions that the Petitioner shall not be involved in any offence of similar nature, he shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever, shall not make any default in attending the court during trial on each date and shall appear before the concerned Police Station once in a week preferably on 'Sunday' in between 10.00 A.M. to 1.00 P.M. 8.

It is open for the court in seisin over the matter to impose other conditions may deem just and proper.

9.

The Bail Application is accordingly disposed of. 10.

Urgent certified copy of this order be granted on proper application.

Jagabandhu ( A.K. Mohapatra ) Judge