IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.5914 of 2024
Debendra @ Deba Khilla Petitioner
….
Mr. A. Mohanty, Advocate
-versus-
State of Odisha Opp. Party
….
Mr. Arupananda Das
Addl. Government Advocate
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
28.06.2024
01. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
Heard learned counsel for the petitioner and learned
counsel for the State.
This is an application under section 439 of Cr.P.C. in
connection with Chitrakonda P.S. Case No.25 of 2020
corresponding to T.R. Case No.25(A) of 2020 pending in
the Court of learned Sessions Judge -cum- Special Judge,
Malkangiri for alleged commission of offence under section
20(b)(ii)(C) of the N.D.P.S. Act.
The petitioner moved an application for bail before
the Court of learned Sessions Judge -cum- Special Judge,
Malkangiri, which was rejected on 03.05.2024.
Considering the submission made by the learned
Page 1 of 2
counsel for the petitioner that the petitioner is in judicial
custody since 30.03.2024 and no contraband article has
been seized from the possession of the petitioner and the
implication of the petitioner in the case is based on
confessional statement of co-accused, keeping in view the
ratio laid down by the Hon’ble Supreme Court in the case
of Tofan Singh -Vrs.- State of Tamil Nadu reported in
(2020) 80 OCR (SC) 641 and on hearing the learned
counsel for the State, I am inclined to release the
petitioner on bail.
Let the petitioner be released on bail in the
aforesaid case on furnishing a bail bond of Rs.50,000/-
(rupees fifty thousand) with two local solvent sureties
each for the like amount to the satisfaction of the learned
Court in seisin over the matter with further conditions as
the learned court may deem just and proper including the
condition that the petitioner shall appear before the
learned trial Court on each date to which the case would
be posted for trial.
Violation of any of the conditions shall entail
cancellation of bail.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on
proper application.
( S.K. Sahoo)
Judge
Signature Not V erified
RKM
Digitally Signed
Signed by: RABINDRA KUMAR MISHRA
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 29-Jun-2024 16:18:51
Page 2 of 2