Rajendra Mohapatra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10121 of 2021 Rajendra Mohapatra ....

Petitioner Mr. R.M. Mohanty, Advocate - Versus - State of Odisha ....

Opposite Party Mr. P. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

17.03.2022 Order No.

1.

This matter is taken up through hybrid mode.

3.

2.

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

3.

The petitioner is in custody since 17.08.2021 in connection with Chandrasekharpur P.S. Case No.366 of 2021 corresponding to T.R. Case No.368 of 2021 pending in the Court of learned Special Judge, NDPS -cum-Sessions Judge, Khurda at Bhubaneswar for the alleged commission of offence under Sections 21(C)/29 of NDPS Act.

4.

As it appears no contraband was seized from the exclusive and conscious possession of the petitioner and that he has been implicated in the case entirely on the basis of the statement of the co-accused, however, similarly placed co-accused persons, namely, Santosh Behera and Gautam Tarai have been released on bail as per orders passed by this Court in BLAPL No. 9360 of 2021 and BLAPL No. 10569 of 2021 respectively.

5.

Having regard to the above facts, 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.

6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana