Jogesh Khada vs State Of Odisha
2023 Latest Caselaw 11426 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     BLAPL No. 10205 of 2023

                 Jogesh Khada                    ....                  Petitioner
                                                      Mr. A.R. Panda, Advocate

                                           -versus-

             State of Odisha                     ....             Opposite Party
                                                          Mr. K.K. Gaya, ASC

                                CORAM: JUSTICE V. NARASINGH

                                          ORDER

18.09.2023 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 T.R. Case No.35 of 2023, pending on the file of learned Additional Sessions Judge-cum-Special Judge, Koraput, arising out of Nandapur P.S. Case No.25 of 2023 for commission of the alleged offence 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 Addl. S.J.-cum-Spl. Judge, Koraput by order dated 04.04.2023 in the aforementioned case, the present bail application has been filed.

4. It is submitted by the learned counsel that Petitioner is in custody since 17.03.2023 and the accusation against the Petitioner is that he along with co-accused were found in possession of contraband (ganja) to the tune of 35 kgs 800 grams.

5. It is further submitted that as investigation has progressed substantially and the Petitioner is the first offender, he may be released on bail.

6. It is stated that the co-accused similarly placed has been released on bail by this Court by order dated 06.06.2023 in BLAPL No.5929 of 2023 and relying on 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, the Petitioner seeks release.

7. Learned counsel for the State opposes the prayer for bail during currency of investigation, keeping in view the bar contained in Section 37 of the NDPS Act.

8. Taking into account the age of the Petitioner being 21 years and that he is the first offender, as stated and 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.

9. While releasing the Petitioner on bail, learned Court below shall verify the criminal antecedent of the Petitioner. If it comes to fore that the Petitioner has any criminal antecedent, this order shall stand recalled.

10. Additionally, it is directed that Petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till submission of final form. Certification of such appearance shall be submitted to the Court in seisin.

11. Accordingly, the BLAPL stands disposed of.

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

                                                                           (V. NARASINGH)
Signature Not Verified                                                          Judge
   Santoshi
Digitally Signed
Signed by: SANTOSHI LENKA
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 18-Sep-2023 21:01:33