Sudhir Kumar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTAC

BLAPL NO.10178 OF 2021 Sudhir Kumar ....

Petitioner Mr. N.R. Sahoo, Advocate -versusState of Odisha ....

Opposite Party Mr. S. Jena, ASC.

CORAM:

MR. JUSTICE D.DASH

ORDER

14.07.2022 02.

1.

This matter is taken up through hybrids arrangement Order No.

(virtual/ physical) mode.

2.

This is the second journey of the Petitioner, who is in custody in connection with Kalimela P.S. Case No.07 of 2021 corresponding to Special G.R. Case No.05 of 2021 pending on the file of learned Sessions Judge-cum-Special Judge, Malkangiri, running for the alleged commission of offence under section20(b)(ii)(C) of the NDPS Act, in filing this application under Section 439, Cr.P.C., for reconsideration of the prayer for grant of bail to the Petitioner in the above mentioned case. 3.

Heard learned Counsel for the Petitioner and learned Counsel for the State.

5.

Taking into account the submissions made; further keeping in view the materials on records as those stand against the Petitioner as also the surrounding circumstances including the factum of release of co-accused persons on bail vide orders dated 19.05.2022, 28.03.2022 and 28.03.2022 passed by this Court in BLAPL No.4294 of 2022 and BLAPL Nos.1589 & 2384 of 2021 and the period of detention of the Petitioner in custody; while being inclined to reconsider the prayer for grant bail to the

// 2 // Petitioner in the aforesaid case, it is directed that the Petitioner be released on bail on such terms and conditions as deemed just and proper by the Court in seisin of the case with further conditions that:- 1.

petitioner shall furnish his address along with the contact mobile number by way of affidavit and in case of any change, shall intimate the same in that way;

2.

shall appear before the Inspector-in-Charge of Badarpur Police Station in the District of Jaitpur, South Delhi every Monday in between 10 am to 2 pm for a period of next six months; and 3.

shall appear in person before the Court in seisin of the case on each and every date of posting of the case till conclusion of the trial except under some exceptional circumstance to the satisfaction of the Court.

Violation of any of the condition(s) shall entail cancellation of bail.

6.

The BLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Narayan