Amulya Kumar Swain vs State Of Odisha
2023 Latest Caselaw 9019 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     BLAPL No.12830 of 2022

             Amulya Kumar Swain                  ....                  Petitioner
                                                      Ms. Aditi Hota, Advocate
                                           -versus-

             State of Odisha                     ....             Opposite Party
                                                       Mr. P.K. Maharaj, ASC

                               CORAM: JUSTICE V. NARASINGH

                                         ORDER

10.08.2023 Order No.

09. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

2. The Petitioner is an accused in Special G.R. Case No.64 of 2022 pending on the file of learned 2nd Addl. Sessions Judge, Puri, arising out of Baselisahi P.S Case No.103 of 2022 for alleged commission of offence under Sections 21(c)/29 of the N.D.P.S Act.

3. Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned 2nd Addl. Sessions Judge, Puri, by order dated 15.12.2022 in the aforementioned case, the present BLAPL has been filed.

4. It is submitted by the learned counsel that the Petitioner is similarly circumstanced with co-accused Chandan Singh, who has since been released on bail by order dated 1.5.2023 in BLAPL No.10398 of 2022.

5. It is further submitted that in the meanwhile trial has commenced and some of the witnesses have been examined but the complicity of the Petitioner has not come to fore.

6. Learned counsel for the State opposes the prayer for bail.

7. It is apt to note that while releasing the co-accused this Court had specifically taken note of the fact that the seizure of the contraband was from the co-accused Raja Singh.

8. Taking into account the release of the co-accused, 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.

9. So far as criminal antecedent is concerned, it is submitted that the Petitioner has been acquitted in T.R. Case No.01/19 of 2015 arising out of Special G.R. Case No.48 of 2014 corresponding to P.R No.104 of 2014-15 by judgment dated 2.11.2016 by the trial court. The memo filed to that effect is taken on record.

10. If it comes to fore that the Petitioner has any other criminal antecedent, this order shall stand recalled.

11. Accordingly, the BLAPL stands disposed of.

12. Urgent certified copy of this order be granted as per rule.

(V. NARASINGH) Judge PKS

Signature Not Verified Digitally Signed Signed by: PRADEEP KUMAR SWAIN Reason: Authentication Location: Orissa High Court Date: 11-Aug-2023 14:01:24