Bikki Singh v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9879 of 2022 Bikki Singh ....

Petitioner Mr. A. Mishra, Advocate -versusState of Odisha ....

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

ORDER

27.10.2022 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 Spl. G.R.(NDPS) Case No.31 of 2022, pending in the file of learned Additional Sessions Judge-cum-Special Judge, Jajpur Road, Dist-Jajpur, arising out of Panikoili P.S. Case No.103 of 2022, offence under Sections 20(b)(ii)(C)/29 of NDPS Act.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cumSpecial Judge, Jajpur Road by order dated 21.09.2022 in the aforementioned case, the present BLAPL has been filed. 5.

It is submitted by the learned counsel for the petitioner that co-accused has been released on bail by this Court by order dated 19.07.2022 in BLAPL No.5199 of 2022 and as he is in custody since 09.05.2022, further incarceration is not warranted.

6.

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

Considering the release of the co-accused and taking into account 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.

8.

Additionally it is directed that since the petitioner does not ordinarily reside within the jurisdiction of the Court in seisin over the matter, he shall appear before the jurisdictional police station over every two weeks till conclusion of trial and one of the sureties shall be a local person.

9.

Accordingly, the BLAPL stands disposed of.

10.

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

(V. NARASINGH) Judge Santoshi