Raju Seikh @ Sek @ Sajibur vs State Of Odisha
2023 Latest Caselaw 6985 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     BLAPL No.6316 of 2023

                 Raju Seikh @ Sek @ Sajibur      ....                  Petitioner
                                                       Mr. B.K. Das, Advocate

                                           -versus-

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

                               CORAM: JUSTICE V. NARASINGH

                                         ORDER

21.06.2023 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 C.T. Case No.09 of 2022, pending in the Court of the learned 1st Addl. District and Sessions Judge-cum-P.O., Children Court, Baripada, arising out of Baripada Town P.S. Case No.983 of 2021 for alleged commission of offences under Sections 20(b)(ii)(C) 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 1st Addl. Sessions Judge-cum-P.O., Children Court, Baripada, by order dated 17.05.2023 in the aforementioned case, the present BLAPL has been filed.

4. It is submitted by the learned counsel that the co-accused have been released on bail by order dated 31.10.2022 in BLAPL No.8392 of 2022 and by order dated 20.12.2022 in BLAPL No.8380 of 2022. Hence, inter alia, on the ground of parity, the Petitioner seeks release.

5. It is apt to note that this Court released the co-accused on bail on the ground that the Petitioners were in custody for more than a year and non-commencement of trial.

6. Learned counsel for the State opposes the prayer in view of the bar contained in Section 37 of the N.D.P.S. Act.

7. Considering the nature of allegation, release of the co- accused and keeping in view the judgment 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 release of co-accused, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

8. Before releasing the Petitioner on bail, the learned Court in seisin shall verify criminal antecedent of similar nature. If it comes to the fore that the Petitioner has any such criminal antecedent, this order shall stand recalled.

9. Additionally, it is directed that the 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. Certification of such appearance shall be submitted to the Court in seisin.

10. Accordingly, the BLAPL stands disposed of.

11. Urgent certified copy of this order be granted as per rules.

(V. NARASINGH) Judge PKS

Signature Not Verified Digitally Signed Signed by: PRADEEP KUMAR SWAIN Designation: A.R-cum-Senior Secretary Reason: Authentication Location: Orissa High Court Date: 21-Jun-2023 21:30:23