Orissa High Court
Rameswar Digal @ Ramesh vs State Of Odisha .... Opposite Party on 13 May, 2025
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 5373 of 2025
Rameswar Digal @ Ramesh .... Petitioner
Digal
Mr. S. Dwibedi, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. C.R. Swain, AGA
ABLAPL No. 5408 of 2025
Keshab Kanhar .... Petitioner
Mr. S. Dwibedi, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. C.R. Swain, AGA
CORAM: JUSTICE V. NARASINGH
ORDER
Order No. 13.05.2025
01. 1. Learned counsel for the Petitioners submits
that the name of the Petitioner in ABLAPL No.5373
of 2025 has inadvertently been wrongly stated. He
has filed the consolidated cause title reflecting the
correct name of the Petitioner as "Rameswar Digal
@ Ramesh Digal". The same is taken on record.
Name of the Petitioner be reflected as per the
consolidated cause title.
2. Since both the ABLAPLs relate to the same
FIR, they are heard together on the consent of the
parties and are being disposed of by this common
order.
3. Heard learned counsel for the Petitioners and
learned counsel for the State.
4. The Petitioners are seeking pre-arrest bail in
connection with C.T. Case No.35-A of 2020 pending
in the Court of learned Special Judge, Phulbani
arising out of Gochhapada P.S. Case No.35 of 2020
for commission of offence punishable under Section
20(b)(ii)(C) of NDPS Act.
5. It is apt to note that the Petitioner (Keshab
Kanhar) in ABLAPL No.5408 of 2025 was before this
Court in ABLAPL No.2846 of 2021 and his pre-arrest
bail was rejected by order dated 22.03.2021.
Certificate to the said effect has been appended to
this ABLAPL.
6. It is submitted by the learned counsel for the
Petitioners that since there is no embargo for filing
of successive bail application more so an
anticipatory bail application, the present bail
application i.e. ABLAPL No.5408 of 2025 has been
filed notwithstanding the earlier rejection.
7. Learned counsel for the Petitioners places
reliance on the judgment of this Court dated
01.05.2025 in ABLAPL No.1768 of 2025 and other
connected matters, wherein the co-accused stated
to be similarly circumstanced were directed to be
released on bail taking into account that the
accused persons who faced trial were acquitted by
judgment dated 13.05.2024 by the learned Special
Judge, Kandhamal, Phulbani in Crl. Trial No.35 of
2020 inter alia on the ground of violation of
mandatory provisions under Sections 42(2) as well
as 57 of NDPS Act.
8. Learned counsel for the State opposes the
prayer for pre-arrest bail in view of the bar
contained in Section 37(1)(b)(ii) of NDPS Act and
submits that the question of parity in case of this
nature can not be pressed into service.
9. Considering the nature of allegations and
that this Court directed release of the co-accused as
per the judgment referred to hereinabove, it is
directed that on surrendering within three weeks
hence and moving for bail, the Petitioners shall be
released on bail by the learned Court in seisin on
such terms as deemed just and proper subject to
verification of criminal antecedent of similar nature.
10. If it comes to the fore that the Petitioners
have any such criminal antecedent, this order shall
not be given effect to.
11. Before releasing the said Petitioners, learned
Court shall verify as to whether order of this Court
has been assailed before the Apex Court and if so,
the result thereof.
12. It is needless to state that the Petitioners shall
cooperate with the ongoing investigation.
13. Accordingly, the ABLAPLs stand disposed of.
U.C.C. as per rules.
(V. NARASINGH)
Judge
Ayesha
Designation: Senior Stenographer
Location: High Court of Orissa, Cuttack
Date: 14-May-2025 12:07:30
