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Orissa High CourtBLAPL/9893/2021disposed off

T.P. Prasad Raju v. State Of Odisha

2022-02-11Mr. Justice Sashikanta Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9893 of 2021 T.P. Prasad Raju ....

Petitioner Mr. A.N. Pattanayak, Advocate -Versus - State of Odisha ....

Opposite Party Miss S. Mishra, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 11.02.2022 1.

This matter is taken up through hybrid mode.

Order No.

02.

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

The petitioner is in custody since 10.09.2021 in connection with Sunabeda P.S. Case No. 102 of 2020 corresponding to T.R. Case No. 37 of 2020 pending in the court of learned Additional Sessions Judge-cum-Special Judge, Koraput for the alleged commission of offence under Sections 20(b)(ii)C of NDPS Act.

4.

It is submitted that nothing was seized from the possession of the petitioner and he was implicated in the case basing on the so called confessional statement of the coaccused. It is further submitted that several co-accused persons have already been released on bail as per orders passed by this Court in BLAPL No.8772 of 2020 and BLAPL Nos. 1349, 7683, 7685 and 9064 of 2021. Copies of

such bail orders have been filed by the petitioner, which are tagged to the case record.

5. Considering the submissions, the period of detention already undergone and the fact that several co-accused persons have already been released on bail, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the trial court on each date of posting of the case without fail.

5.

The BLAPL is accordingly disposed of.

6.

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

(Sashikanta Mishra) Judge B.C. Tudu