Orissa High Court
Arjuna Kar vs State Of Odisha .... Opposite Party on 4 November, 2024
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 7932 of 2024
Arjuna Kar .... Petitioner
Mr. B. Jalli, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. S. Panda, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
04.11.2024
Order No.
08. 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.346 of 2022 pending on the file of
learned 2nd A.D.J., BBSR, arising out of Khandagiri
P.S. Case No.458 of 2022 for commission of
offence alleged under Sections 20(b)(ii)(c) of the
NDPS Act read with Section 25 of the Arms 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 his
application for bail U/s.483 of the Bharatiya Nagarik
Suraksha Sanhita (BNSS) by the learned 2nd Addl.
Sessions Judge, Bhubaneswar by order dated
26.07.2024 in the aforementioned case, the present
BLAPL has been filed.
5. This is the second journey of the Petitioner to
this Court. Earlier bail application of the Petitioner
was disposed of by order dated 21.03.2024 in BLAPL
No.3536 of 2023.
6. It is submitted by the learned counsel that the
Petitioner is in custody since 06.09.2022 on the
accusation of being involved in the transportation of
contraband to the tune of 100Kgs (ganja).
7. Learned counsel for the Petitioner submits that
by order dated 21.03.2024 while not entertaining the
bail application of the Petitioner along with the co-
accused, this Court had given liberty to renew the
prayer before the learned Court in seisin post
examination of independent witnesses.
8. Admittedly the independent witnesses are yet
to be examined.
9. Learned counsel for the Petitioner submits that
in the meanwhile the co-accused Subash Kumar
Swain has since been released on bail by order dated
19.06.2024 in BLAPL No.5537 of 2024. Hence, on the
ground of parity, the Petitioner seeks release and it is
stated that the said co-accused had criminal
proclivity.
10. Learned counsel for the State opposes the
prayer for bail and submits that the present Petitioner
has been cited as an accused in the following cases.
i) Jankia P.S case No-159,dt-03.07.2013.U/S-
395/397/454 IPC/r.w Sec-25/27 Arms Act.
ii) Infocity P.S case No-55, dt-02.07.2013,
U/S-379 IPC,
iii)Chandaka P.S case No-41/20, U/S-
294/307/323/324/326/506/34 IPC/r.w sec-
25/27 arms Act,
iv) Buguda P.S case No-84, dt-08.04.2020,
U/S-120-B/302 IPC/r.w sec-25(1-B)(a)/27
Arms Act/r.w sec-3(2)(v)/3(2)(va) Sc &ST Act,
v) STF, CB, Cuttack case No-15, dt.
11.03.2020, U/S-21(c) NDPS Act.
11. So far as criminal antecedent of the co-
accused Subash Kumar Swain is concerned, it is
brought to the notice of this Court that he was
involved in Khurda P.S. Case No.168 dated
15.05.2006 under Sections 294/354/379/452/34 of
IPC.
12. Referring to the same learned counsel for the
State submits that parity cannot have a mechanical
application and merely because the co-accused has
been released, nature of criminal antecedents of the
Petitioner cannot be over looked.
13. This Court finds force in the submission made
by the learned counsel for the State. And, taking into
account the nature of criminal antecedents as quoted
above, the rigors of Section 37(1)(b)(ii) of NDPS Act
and keeping in view the judgment of the Apex Court
in the case of State of Madhya Pradesh vs. Kajad
reported in (2001) 7 SCC 673 and order of the Apex
Court in the case of State by the Inspector of
Police vs. B. Ramu in SLP(Crl.) No(s).8137 of
2022 dated 12.02.2024, this Court is not inclined to
entertain the bail application of the Petitioner at this
stage.
14. Liberty is granted to the Petitioner to renew
his prayer before the learned Court in seisin after
examination of independent witnesses as stated in
the earlier order dated 21.03.2024.
15. Accordingly, the BLAPL stands disposed of.
(V. NARASINGH)
Judge
Ayesha
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 05-Nov-2024 14:22:47
