IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.7250 of 2024
Mukesh Kumar Yadav Petitioner
….
Mr. C.R. Pattnaik, Advocate
-versus-
State of Orissa Opposite Party
….
Mr. S.K. Nayak, AGA
CORAM:
JUSTICE V. NARASINGH
ORDER
31.07.2024
Order No.
01.
1. Heard learned counsel for the Petitioner and
learned counsel for the State.
2. The Petitioner is an accused in connection with
T.R. Case No.104 of 2023, pending in the Court of
nd
learned 2 Addl. Sessions Judge, Bhubaneswar,
P.S. Case No.79 of 2023
arising out of , for
commission of alleged offences under Section
20(b)(ii)(C)& Sec-29 of NDPS Act.
3. Learned counsel, on instruction, submits that
except the present BLAPL, no other bail application of
the Petitioner relating to the aforementioned P.S.
Case is pending in any other Court.
4. Being aggrieved by the rejection of his
nd
application for bail U/s.439 Cr.P.C. by the learned 2
1
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Addl. Sessions Judge, Bhubaneswar by order dated
09.07.2024, the present BLAPL has been filed.
5. It is submitted by the learned counsel that the
Petitioner is in custody since 19.02.2023 and as
charge sheet has already been filed on 15.08.2023,
he may be released on bail.
6. The allegation against the Petitioner is that he
along with other co-accused are involved in the
transportation of contraband (ganja) to the tune of
185 kgs, recovered from the vehicle in which the
Petitioner was travelling.
7. Learned counsel for the Petitioner submits that
the co-accused have since been released on bail by
this Court by order dated 11.01.2024 in BLAPL
No.11252 of 2023(Deepak Mallik) and by order dated
13.05.2024 in BLAPL No.2347 of 2024(Mansingh
Yadav). Hence on the ground of parity, the Petitioner
seeks release.
8. Per contra, learned counsel for the State
opposes the prayer and submits that co-accused,
Deepak Mallik in BLAPL No.11252 of 2023 is
concerned his case is patently distinguishable since
the accusation was on account of co-accused
statement.
9. This Court perused the order dated 13.05.2024
relating to the co-accused Manasingh yadav in BLAPL
No.2347 of 2024. In the said case taking note of non-
framing of charge on account of non-receipt of C.E.
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report and the period in custody being more than one
year, this Court directed release of the said accused.
10. It is further submitted by the learned counsel
for the Petitioner on instruction that as on date
charge in the case has not been framed.
“ ”
11. Since it is not borne out from the impugned
order of rejection relying on such statement made at
the bar and taking into account the release of the co-
accused, Mansingh Yadav, this Court directs the
Petitioner to be released on bail on such terms to be
fixed by the learned Court in seisin subject to
verification of criminal antecedent.
12. If it comes to fore that the Petitioner has
criminal antecedent of any nature and that charge
has been framed as on date, this order shall not be
given effect to.
13. Additionally, it is directed that the Petitioner
shall appear before the jurisdictional police station
once a month on such date and time to be fixed by
the learned Court in seisin till the conclusion of trial.
Certification of such appearance shall be submitted to
the Court in seisin.
14. Accordingly, the BLAPL stands disposed of.
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15. Urgent certified copy of this order be granted
as per the rules.
(V. NARASINGH)
Judge
Soumya
Signature Not Verified
Digitally Signed
Signed by: SOUMYA RANJAN SAMAL
Reason: Authentication
Location: High Court of Orissa
Date: 01-Aug-2024 17:30:59
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