Dusasan Dalai @ Dhusasana Dalei v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10019 of 2022 Dusasan Dalai @ Dhusasana Dalei ....

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

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

ORDER

31.10.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

The final form is taken on record.

3.

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

4.

The petitioner is an accused in connection with Spl. G.R.(NDPS) Case No.31 of 2022, pending in the Court of the learned Additional Sessions Judge -cum- Special Judge, Jajpur Road, arising out of Panikoili P.S. Case No.103 of 2022, for alleged commission of offences under Sections 20(b)(ii)(C)/29 of the N.D.P.S. Act.

5.

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

6.

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 he in custody since 09.05.2022 and as charge-sheet has been filed on 07.09.2022, further incarceration of the petitioner is not warranted. 7.

Learned counsel for the State opposes the prayer for bail. 8.

Considering the released 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 Court in seisin over the matter.

9.

Additionally it is directed that the petitioner shall appear before the jurisdictional police station once every two weeks till conclusion of trial.

10.

Accordingly, the BLAPL stands disposed of.

11.

Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge Ayesha