Rahul Bhaskar vs State Of Odisha .... Opposite Party
2025 Latest Caselaw 3057 Ori

Orissa High Court

Rahul Bhaskar vs State Of Odisha .... Opposite Party on 29 January, 2025

Author: V. Narasingh

Bench: V. Narasingh

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                           BLAPL No.12488 of 2024

        Rahul Bhaskar                     ....              Petitioner
                                       Mr. B. Mohapatra, Advocate

                                  -versus-

        State of Odisha                   ....         Opposite Party
                                             Mr. S. Panigrahi, ASC

                       CORAM: JUSTICE V. NARASINGH

                                    ORDER

29.01.2025 Order No.

02. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

2. The Petitioner is an accused in connection with C.T. Case No.72 of 2023, pending on the file of learned Special Judge-cum-Addl. Sessions Judge, Phulbani, arising out of Gochhapada P.S Case No.58 of 2023, for commission of alleged offences under Section 20(b)(ii)C of 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-Cum-Addl. Sessions Jude, Phulbani by order dated 03.08.2024 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 is in custody since 21.04.2023 on the accusation that he along with the co-accused were involved in the transportation of contraband to the tune of 2 Quintal 16 Kgs (ganja).

7. This Court by order dated 12.09.2023 in BLAPL No.9686 of 2023 rejected the bail application of the Petitioner which was moved during the currency of investigation, giving liberty to him to renew the prayer after filing of final form. Hence, this bail application.

8. It is submitted by the learned counsel for the Petitioner that in the meanwhile only 5 out of 18 witnesses have been examined and hence on the ground of procrastination of trial, the Petitioner seeks release.

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.

10. An affidavit has been filed which is on record stating therein that the Petitioner has no criminal antecedent.

11. It is trite law that the ground of delay in trial cannot be pressed into service bereft of factual matrix of the case and the same has been reiterated in the recent judgment of the Apex Court in the case of Narcotics Control Bureau vs. Kashif reported in 2024 SCC OnLine SC 3848.

12. Taking into account the evidence on record, this Court is not inclined to entertain the bail application of the Petitioner at this stage, since this Court is of the prima facie view that the bar contained in Section 37(1)(b)(ii) of NDPS Act is squarely attracted in the case at hand.

13. Accordingly, the BLAPL stand disposed of.

(V. NARASINGH) Judge Ayesha

Location: High Court of Orissa, Cuttack