Orissa High Court
Amzat Khan vs State Of Odisha .... Opposite Party on 4 February, 2025
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.12759 of 2024
Amzat Khan .... Petitioner
Mr. S.K. Tripathy, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. R.B. Dash, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
04.02.2025
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
Spl. G.R. Case No.97 of 2022 pending on the file of
learned Sessions Judge-cum-Special Judge,
Malkangiri arising out of Kalimela P.S. Case No.155
of 2022 for commission of offence alleged under
Sections 20(b)(ii)C /25 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 Special
Judge, Malkangiri by order dated 04.12.2024 in the
aforementioned cases, the present BLAPL has been
filed.
5. This is the third journey of the Petitioner to
this Court. Earlier bail application of the Petitioner i.e.
BLAPL Nos.6202 of 2022 and 1061 of 2023 were
disposed of by this Court by orders dated 25.07.2022
and 23.02.2024 respectively.
6. It is submitted by the learned counsel that the
Petitioner is in custody since 10.06.2022 on the
allegation that he along with co-accused are involved
in transportation of contraband (ganja) to the tune of
79 kgs 900 grams.
7. It is further submitted that the co-accused
have since been released on bail by this Court by
orders dated 30.11.2024 and 29.01.2025 in BLAPL
Nos.11430 of 2024 and 12756 of 2024 respectively.
Hence, Petitioner seeks release inter alia on the
ground of parity.
8. Learned counsel for the State opposes the
prayer for bail in view of the bar contained in Section
37(1)(b)(ii) of the NDPS Act and relying on the
evidence adduced as reflected in the order of
rejection.
9. It is stated that since in the meantime 8
witnesses have been examined, taking into account
the progress in trial, the ground of procrastination of
trial which was canvassed by the co-accused cannot
be pressed into service by the Petitioner.
10. It is the further submission of the learned
counsel for the State that the Petitioner is a flight
risk. In this context he relies on the order of the Apex
Court in the case of State by the State by the
Inspector of Police vs. B. Ramu in SLP(Crl.)
No(s).8137 of 2022 dated 12.02.2024 and State of
Madhya Pradesh vs. Kajad, (2001) 7 SCC 673.
11. Taking into account that the trial is still under
way even though the Petitioner is in custody since
10.06.2022 and is stated to be the first offender and
keeping in view his right to speedy trial and in the
light of the latest judgment in the case of Rabi
Prakash vs. The State of Odisha reported in 2023
SCC OnLine SC 1109 and Mohd. Muslim alias
Hussain vs. State (NCT of Delhi) reported in AIR
2023 SC 1648, this Court directs the Petitioner to be
released on bail on such terms to be fixed by the
learned Court in seisin.
12. To allay the legitimate apprehension of the
learned Public Prosecutor regarding ensuring the
presence of the Petitioner during trial, since he does
not belong to the State of Odisha, additionally it is
directed that one of the family members of the
Petitioner shall execute the P.R bond in addition to
the sureties in terms of the order of the learned Court
in seisin and his criminal antecedent from his parents
police station shall also be called for.
13. If it comes to fore that the Petitioner has any
criminal antecedent, this order shall not be given
effect to.
14. Additionally, it is directed that the 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.
15. Accordingly, the BLAPL stands disposed of.
16. Urgent certified copy of this order be granted
as per rules.
(V. NARASINGH)
Judge
Santoshi
Designation: Senior Stenographer
Location: High Court of Orissa
Date: 06-Feb-2025 11:50:42
