Gopabandhu Digal v. State Of Odisha

,

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8511 OF 2020 Gopabandhu Digal .........

Petitioner Mr. S.G.Das, Adv.

-versusState of Odisha ............

Opposite Party Mr. K.K.Gaya, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

04.05.2022 Order No.

10.

1.

This matter is taken up through Hybrid Mode.

2.

Heard learned counsel for the parties.

3.

The Petitioner is an accused in connection with C.T. Case No. 48 of 2020 arising out of K.Nuagaon P.S. Case No. 53 of 2020 on the file of learned Special Judge-cum-Additional District & Sessions Judge, Baliguda, registered for the alleged commission of offence under Sections 20(b)(ii)(C)/29 of the NDPS Act.

4.

Being aggrieved by the rejection of his application for bail U/s 439 Cr.P.C. by the learned Special Judge-cum-Additional District & Sessions Judge, Baliguda by order dated 22.09.2020, the present BLAPL has been filed 5.

Learned counsel for the petitioner placing reliance on the orders passed by this Court dated 9.08.2021 and 16.08.2021 in BLAPL Nos.8040 & 7306 of 2020 respectively seeks intervention

of the Court inter alia on the ground of parity. It is also submitted that this Court had also granted bail to one another co-accused by order dated 27.04.2022 in BLAPL No. 8220 of 2020. 6.

Learned counsel for the State opposes the prayer stating inter alia, that the case of each accused has to be treated differently and in view of the bar under Section 37 of the NDPS Act, ground of parity cannot be pressed into service. 7.

Taking into account the nature of allegation and taking note of release of the co-accused person as indicated above, this Court directs that the petitioner to be released on bail on such terms to be fixed by the learned court in seisin over the matter so as to ensure presence of the petitioner on each date of trial. 08.

Accordingly, the BLAPL stands disposed of.

09.

Issue urgent certified copy of this order as per Rules. ( V.Narasingh ) Judge Dhal