Khageswar Yadab v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8457 of 2022 Khageswar Yadab ....

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

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

ORDER

16.09.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

None appears for the petitioner when the matter is called. 3.

The petitioner is accused in Tumudibandh P.S. Case No.50 of 2022 corresponding to C.T. Case No.41 of 2022, pending in the Court of the learned Special Judge -cum- A.D.J, Balliguda, Kandhamal, Cuttack, for alleged commission of offences under Section 20(b)(ii)(C) of NDPS Act.

4.

Being aggrieved by the Rejection of his application for bail U/s.439 Cr.P.C. by the learned Judge -cum- A.D.J, Balliguda, Kandhamal, by order dated 07.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

On perusal of the Case Diary and the order of rejection, it is seen that the consideration by the learned Court was during the currency of investigation and hence, this Court is not inclined to

entertain this bail application at this stage, liberty is granted to the petitioner to move the learned Court in seisin over the matter afresh after filing of final form and the learned Court shall consider on its own merits without being influenced by the earlier rejection or the order passed by this Court 8.

Accordingly, the BLAPL stands disposed of.

(V. NARASINGH) Judge Ayesha