Orissa High Court

Sukhu @ Gobardhan Yadav vs State Of Odisha .... Opposite Party on 16 October, 2023

Author:
V. Narasingh

Bench:
V. Narasingh

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 11286 of 2023

Sukhu @ Gobardhan Yadav .... Petitioner
Mr. S.K. Jena, Advocate
-versus-

State of Odisha .... Opposite Party
Mr. H.K Panigrahi, ASC

CORAM: JUSTICE V. NARASINGH
ORDER

16.10.2023
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 C.T.(Spl.)
Case No.19 of 2023, pending before the Court of the learned District
and Sessions Judge-cum-Judge, Special Court Bargarh, arising out of
Bargarh Town P.S. Case No.114 of 2023, for commission of the
alleged offence under
Section-20(b)(ii)(C)
of NDPS Act.

3. Being aggrieved by the rejection of his application for bail
U/s.439
Cr.P.C
. by the learned Addl. Sessions Judge, Bargarh by order
dated 16.08.2023 in the aforementioned case, the present BLAPL has
been filed.

4. It is submitted by the learned counsel that this Court by order
dated 06.06.2023 in BLAPL No.5878 of 2023 directed release of the
Petitioner, subject to verification of criminal antecedent.

5. Since it has come to the fore that the Petitioner has one
criminal antecedent in as much as he has been cited as an accused in

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Darima P.S. Case No.218 of 2014, U/s-20(b)(ii)
(B) of NDPS Act
,
learned Court in seisin rejected the bail application.

6. 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.

7. Taking into account that the nature of criminal antecedent,
this Court directs the Petitioner to be released on bail on such terms to
be fixed by the learned Court in seisin.

8. Before releasing the Petitioner on bail, learned Court in seisin
is requested to verify as to whether the Petitioner has any other
criminal antecedent than the one noted hereinabove. If it comes to fore
that the Petitioner has any other criminal antecedent than the one, this
order shall stand recalled.

9. Additionally, it is directed that the petitioner shall appear
before the jurisdictional police station once every week on such date
and time to be fixed by the learned Court in seisin till the submission
of final form. Certification of such appearance shall be submitted to
the Court in seisin.

10. It is further directed that one of the family members of the
Petitioner shall execute a P.R bond in addition to the sureties so fixed.

11. Accordingly, the BLAPL stands disposed of.

12. Urgent certified copy of this order be granted as per the rules.

(V. NARASINGH)
Judge
Soumya

Signature Not Verified

Digitally Signed

Signed by: SOUMYA RANJAN SAMAL

Designation: Jr. Stenographer

Reason: Authentication

Location: High Court of Orissa
Date: 18-Oct-2023 17:36:14

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