Abhiram Bibar vs State Of Odisha .... Opposite Party
2025 Latest Caselaw 3452 Ori

Orissa High Court

Abhiram Bibar vs State Of Odisha .... Opposite Party on 13 August, 2025

Author: V. Narasingh

Bench: V. Narasingh

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                     ABLAPL No. 7201 of 2025

        Abhiram Bibar              ....           Petitioner
                                   Dr. S. Ranjit, Advocate
                             -versus-

        State of Odisha            ....      Opposite Party
                                        Mr. C.R. Swain, AGA

                      CORAM: JUSTICE V. NARASINGH
                                 ORDER

Order No.                      13.08.2025
 02.   1.     Heard learned counsel for the Petitioner and
       learned counsel for the State.

2. The Petitioner is seeking pre-arrest bail in connection with T.R. Case No.37 of 2020 pending on the file of learned Addl. Sessions Judge-cum- Special Judge, Gunupur, Dist.- Rayagada arising out of Chandrapur P.S. Case No.43 of 2020 for commission of offences punishable under Sections 20(a)(i)/25/27- A/29 of the NDPS Act.

3. It is submitted by the learned counsel for the Petitioner that the co-accused have been acquitted by judgment dated 29.11.2023 in T.R. No.37 of 2020 passed by the learned Additional Sessions Judge-cum-Special Judge, Gunupur, Rayagada and as the implication of the Petitioner is on account of the co-accused statement, he may be protected by pre-arrest bail.

4. In this context, the attention of this Court is drawn to the paragraph-9 of the judgment of the learned Trial Court on record, more particularly the observation on scrutiny of the evidence which reads thus:-

"....................None of the witness except P.Ws.9 and 10 (the informant and the I.O respectively) has whispered a single word regarding financing of the present accused persons for alleged cultivation of cannabis plants. Under the above circumstances there is no clear and clinching evidence regarding the involvement of the present accused persons in the alleged cultivation of the cannabis plants."

5. It is trite that the evidence on record in a trial is in respect of the accused who is put to trial and the same cannot be relied upon vis-à-vis an accused who is yet to face trial. Since there are catena of judgments on this aspect, this Court does not want to repeat the same.

6. Taking into account the nature of the evidence as relied upon referring to P.Ws.9 & 10, this Court is not persuaded to hold that the same shall apply in equal measure to the present Petitioner. Hence, this Court is not inclined to entertain this application. However, in the event the Petitioner surrenders before the learned Court in

seisin in the aforesaid case and moves an application for his release on bail, the same shall be considered on its own merit.

7. The ABLAPL is accordingly disposed of.

(V. NARASINGH) Judge

Ayesha

Location: High Court of Orissa, Cuttack