Orissa High Court
Jitendra Patel vs State Of Odisha .... Opposite Party on 5 November, 2024
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 10724 of 2024
Jitendra Patel .... Petitioner
Mr. Sk. Zafarulla, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. S. Panigrahi, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
05.11.2024
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.118/10 of 2023-24 pending on the file
of learned Additional Sessions Judge (LR & LTV),
Sambalpur, arising out of Dhanupalli P.S. Case
No.227 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 his
application for bail U/s.483 of the Bharatiya Nagarik
Suraksha Sanhita (BNSS) by the learned Additional
Sessions Judge (LR & LTV), Sambalpur (I/c) by order
dated 20.08.2024 in the aforementioned case, the
present BLAPL has been filed.
5. It is stated that the Petitioner is in custody
since 20.07.2023 on the allegation that he along with
co-accused were involved in transportation of
contraband (ganja) to the tune of 105kgs.
6. On instruction, it is submitted by the learned
counsel that the Petitioner is the first offender.
7. It is submitted by the learned counsel that co-
accused, namely, Dillip Swain & Sribas Pradhan have
since been released on bail by this Court by orders
dated 17.09.2024 and 30.09.2024 in BLAPL Nos.1921
& 9487 of 2024 respectively. Hence, Petitioner seeks
release inter alia on the ground of parity and in this
context learned counsel relies on the judgment of the
Apex Court in the case Satender Kumar Antil vrs.
Central Bureau of Investigation and another
reported in (2022) 10 SCC 51 more particularly
paragraph 98 thereof.
8. It is submitted by the learned counsel that in
the meanwhile another co-accused Samir Ranjan
Bohidar has been released on bail by this Court by
order dated 28.06.2024 in BLAPL No.6114 of 2024.
9. Learned counsel for the State opposes the
prayer for bail and submits that so far as the co-
accused Samir Ranjan Bohidar is concerned he is ex-
facie not similarly placed with the present Petitioner.
10. Learned counsel for the State further submits
that in view of the bar contained in 37(1)(b)(ii) of the
NDPS Act as well as the 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, the Petitioner is not entitled to be
released on bail.
11. While releasing the co-accused this Court took
note of the fact that the independent witnesses,
namely, P.Ws.1 to 3 have not supported the
prosecution and while considering the bail application
of the Petitioners therein, reliance was placed on the
judgment of the Apex court in the case of Ankur
Chaudhary vs. State of Madhya Pradesh in SLP
(Crl.) No.4648 of 2024 dated 28.05.2024.
12. Learned counsel for the Petitioner further
submits that the Petitioner has his home and hearth
within the jurisdiction of the learned Court in seisin
hence there is no chance of his fleeing the course of
justice.
13. Taking into account the release of the co-
accused the evidence on record as noted, this Court
directs the Petitioner to be released on bail on such
terms to be fixed by the learned Court in seisin subject
to verification of criminal antecedent.
14. If it comes to the fore that the Petitioner has
any criminal antecedent, this order shall not be given
effect to.
15. Additionally, it is directed that Petitioner shall
appear before the jurisdictional police station once
every month 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.
16. Accordingly, the BLAPL stands disposed of.
17. Urgent certified copy of this order be granted as
per rules.
(V. NARASINGH)
Judge
Ayesha
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 06-Nov-2024 18:56:19
