Orissa High Court
Dinesh Biswas @ vs State Of Odisha ... Opposite Party on 17 January, 2025
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 13062 of 2024
Dinesh Biswas @ ... Petitioner
Dinesh Kumar
Mr. P.K. Maharaj, Advocate
-versus-
State of Odisha ... Opposite Party
Mr. S.N. Das, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
17.01.2025
Order No.
01. 1. Heard learned counsel for the Petitioner and
learned counsel for the State.
2. The Petitioner is an accused in T.R. Case
No.01 of 2021 pending on the file of learned Addl.
District & Sessions Judge, Umerkote, arising out of
Umerkote P.S. Case No.08 of 2021 for commission
of the offence under Section 20(b)(ii)(C) of the
N.D.P.S 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 Addl.
District & Sessions Judge, Umerkote by order dated
04.12.2024 in the aforementioned case, the present
BLAPL has been filed.
5. This is the second journey of the Petitioner to
this Court.
6. It is submitted by the learned counsel that the
Petitioner was taken into custody on surrendering on
21.09.2022 on the accusation of possessing
contraband to the tune of 61Kgs 500gms (ganja).
7. It is submitted by the learned counsel that the
basis of implication of the Petitioner is on account of
the co-accused Saheb Paik-C.W.2 and referring to the
statement of the said Saheb Paik, this Court rejected
the bail application of the Petitioner on his earlier bail
motion by order dated 13.11.2023 in BLAPL No.6678
of 2023 and also taking into account the criminal
antecedents of similar nature.
8. Learned counsel for the Petitioner draws the
attention of this Court to the statement of Saheb Paik
who has been examined as P.W.7 and submits that
he has not supported the prosecution and he further
submits that there is no prima facie link to establish
the complicity of the Petitioner. Hence, it is submitted
that further continuance of the Petitioner in custody is
unwarranted.
9. Learned counsel for the State opposes the
prayer for bail in view of the bar contained in Section
37(1)(b)(ii) of NDPS Act and submits that there are
other material witnesses to be examined. Hence, it is
submitted that the bail application of the Petitioner
ought not to be considered at this stage.
10. Learned counsel for the State further submits
that filing of the charge sheet itself is a ground for
rejection of the bail application and on the said count
he relies on the order of the Apex Court in the case of
State by theInspector of Police vs. B. Ramu in
SLP(Crl.)No(s).8137 of 2022 dated 12.02.2024.
11. Considering the basis of implication and
keeping in view the judgment of the Apex Court in
the case of Tofan Singh vrs. State of Tamil Nadu,
reported in (2021) 4 SCC 1 and the State of
Haryana vrs. Samarth Kumar reported in 2022 Live
Law (SC) 622, this Court directs the Petitioner to be
released on bail on such terms to be fixed by the
learned court in seisin.
12. Additionally, it is directed that the Petitioner
shall appear before the jurisdictional police station
twice every week 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.
13. Accordingly, the BLAPL stands disposed of.
14. Urgent certified copy of this order be granted
as per the rules.
Designation: Junior Stenographer (V. NARASINGH)
Location: High Court of Orissa, Cuttack
Date: 17-Jan-2025 16:50:25
Judge
Ayesha
