Chaitanya Pangi vs State Of Odisha
2023 Latest Caselaw 14927 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   BLAPL No. 12383 of 2023

                 Chaitanya Pangi                  ....                   Petitioner
                                                       Mr. P.K. Nanda, Advocate

                                            -versus-

             State of Odisha                      ....             Opposite Party
                                                           Mr. A. Pradhan, ASC

                               CORAM: JUSTICE V. NARASINGH

                                         ORDER

17.11.2023 Order No.

02. 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.53 of 2022 pending on the file of learned Additional Sessions Judge-cum-Special Judge, Koraput, arising out of Semiliguda P.S. Case No.75 of 2022 for commission of offence alleged under Sections 20(b)(ii)(C)/29 of the NDPS Act.

3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cum- Special Judge, Koraput by order dated 29.08.2023 in the aforementioned case, the present BLAPL has been filed.

4. It is submitted by the learned counsel for the Petitioner that the co-accused Chaitan Khillo @ Ankit had since been released on bail by this Court by order dated 16.10.2023 in BLAPL No.10176 of 2023 taking note of the status report that the case has not progressed beyond the stage of framing of charge.

5. It is the further submission of the learned counsel for the Petitioner that so far as accusation is concerned, present Petitioner

is prima facie similarly placed with the co-accused Chaitan Khillo @ Ankit inasmuch as implication is on account of co-accused statement.

6. Learned counsel for the State opposes the prayer for bail and submits that there are CDR which indicate that the present Petitioner was in touch with the other co-accused.

7. Be that as it may. Taking into account the 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 parity, 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, learned Court in seisin shall ensure that the Petitioner does not have criminal antecedent of any nature. If it comes to fore that the Petitioner has any criminal antecedent, this order shall stand recalled.

9. Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station twice every week 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 Santoshi

Signature Not Verified Digitally Signed Signed by: SANTOSHI LENKA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 18-Nov-2023 12:29:04