IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.11114 of 2024
….
Parsuram Lalit Petitioner
Mr. P.K. Das, Advocate
-versus-
….
State of Odisha Opposite Party
Mr. C.R. Swain, AGA
CORAM: JUSTICE V. NARASINGH
ORDER
30.10.2024
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
Special G.R. Case No.33 of 2023 pending on the file
of learned Sessions Judge-Cum-Special Judge,
Malkangiri arising out of Orkel P.S. Case No.34 of
2023 for commission of offence alleged under
Sections 20(b)(ii)(C) 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
application for bail U/s.483 of the Bharatiya Nagarik
Suraksha Sanhita (BNSS) by the learned Special
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Judge, Malkangiri by order dated 22.10.2024 in the
aforementioned case, the present BLAPL has been
filed.
th
5. This is the 5 journey of the Petitioner to this
Court.
6. It is submitted by the learned counsel that the
Petitioner is in custody since 01.02.2023 on the
allegation that he along with co-accused were
involved in transportation of contraband (ganja) to
the tune of 96 kgs.
7. It is further submitted by the learned counsel
that taking into account that two of the independent
witnesses i.e. P.Ws.4 and 5 have not supported the
prosecution, this Court by order dated 08.10.2024
directed the release of the co-accused( Kamal Lochan
Behera and Lakhan Behera) in BLAPL Nos.10203 of
2024 and 7916 of 2024 respectively.
8. Learned counsel for the Petitioner, on
instruction, submits that the said Lakhan Behera is all
force with the present Petitioner. Hence, inter alia, on
the ground of parity, the Petitioner seeks release.
9. Learned counsel for the State opposes the
prayer for bail in view of the bar contained in Section
37(1)(b)(ii) of the NDPS Act.
10. On instruction, learned counsel for the
Petitioner submits that the Petitioner is the first
offender.
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11. While releasing the co-accused, this Court took
note of the Judgment of the Apex Court in the case of
Ankur Chaudhary vs. State of Madhya Pradesh in
SLP (Crl.) No.4648 of 2024 dated 28.05.2024.
12. Taking into account the release of the co-
accused and that the Petitioner is the first offender,
this Court directs the Petitioner to be released on bail
on such terms to be fixed by the learned Court in
seisin.
13. Additionally, it is directed that Petitioner shall
appear before the jurisdictional police station once
every month on such date and time to be fixed by the
learned Court in seisin till conclusion of trial.
Certification of such appearance shall be submitted to
the Court in seisin.
14. Before releasing, learned court in seisin is
requested to verify the criminal antecedent of the
Petitioner. If it comes to the fore that the Petitioner
has criminal antecedent of any nature, this order
shall not be given effect to.
15. Accordingly, the BLAPL stands disposed of.
16. Urgent certified copy of this order be granted
as per the rules.
(V. NARASINGH)
Signature Not Verified
PKS Judge
Digitally Signed
Signed by: PRADEEP KUMAR SWAIN
Designation: Assistant Registrar-cum-Senior Secretary
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 02-Dec-2024 15:19:44
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