Orissa High Court
Rina Jena @ Reena Jena vs State Of Odisha .... Opposite Party on 11 December, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 11846 of 2023
Rina Jena @ Reena Jena .... Petitioner
Mr. S. Ahmed, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. K.K. Gaya, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
11.12.2023
Order No.
03. 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.297 of 2023 pending on the file of learned District and Sessions
Judge, Khurda at Bhubaneswar, arising out of Bharatpur P.S. Case
No.245 of 2023 for commission of offence alleged under Sections
20(b)(ii)(C)/29 of the 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 her application for bail
U/s.439 Cr.P.C. by the learned Sessions Judge, Khurda at
Bhubaneswar by order dated 05.10.2023 in the aforementioned case,
the present BLAPL has been filed.
5. It is submitted by the learned counsel that the Petitioner
along with co-accused are in custody since 09.06.2023 on the
accusation of possession contraband (ganja) to the tune of 31 kg 450
grams.
6. It is the specific case of the Petitioner that she is not a named
accused and only on the basis of the statement of the co-accused,
namely, Chasama Digal, Lingaraj Ghatual and Anjali Behera, he has
been implicated in the case at hand.
7. It is submitted by the learned counsel for the Petitioner that
in the meanwhile, the said three co-accused have since been released
on bail by this Court by orders dated 14.07.2023, 28.07.2023 and
04.10.2023 in BLAPL Nos.6887 of 2023, 7898 of 2023, 10526 of
2023 respectively.
8. It is the further submission of the learned counsel for the
Petitioner that the co-accused who are similarly placed have been
released on bail by this Court by orders dated 12.07.2023 and
14.09.2023 in BLAPL Nos.7299 of 2023 and 9947 of 2023
respectively. 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 and
submits that since the Petitioner has admittedly criminal antecedent of
similar nature inasmuch as, Petitioner has been cited as an accused in
Khandagiri P.S. Case No.484 of 2021 under Section 21(b) of the
NDPS Act. She ought not to be released on bail because of the second
limb of the embargo under Section 37(1)(b)(ii) of the NDPS Act.
10. Considering the manner of accusation in the case at hand in
the light of the judgment of the Apex Court in the case of Tofan
Singh vrs. State of Tamil Nadu, reported in (2021) 4 SCC 1 and
the State of Haryana vrs. Samarth Kumar reported in 2022 Live
Law (SC) 622 and that the Petitioner is a lady and the release of the
co-accused from whose possession the contraband seized and the
accused persons were similarly placed, keeping in view the dictum of
the Apex Court in the case of Satender Kumar Antil vrs. Central
Bureau of Investigation & another, reported in 2022 (10) SCC 51
relating to parity, this Court directs the Petitioner to be released on
bail on such terms to be fixed by the learned Court in seisin.
11. Additionally, it is directed that Petitioner shall appear before
the jurisdictional police station once every 15 days on such date and
time to be fixed by the learned Court in seisin till conclusion of trial.
While fixing such time of appearance, learned Court in seisin shall be
alive to the fact that the Petitioner is a lady. Certification of such
appearance shall be submitted to the Court in seisin.
12. Accordingly, the BLAPL stands disposed of.
13. Urgent certified copy of this order be granted as per rules.
(V. NARASINGH)
Judge
Santoshi
Designation: Senior Stenographer
Location: High Court of Orissa
Date: 13-Dec-2023 12:03:36
