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Judgment
V. Narasingh, J
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is an accused in connection with T.R. Case No.329 of 2022, pending in the Court of the learned District & Sessions Judge, Khordha at Bhubaneswar, arising out of Laxmisagar P.S. Case No.295 of 2022, for alleged commission of offences under Section 21(c) of NDPS Act.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge (K) at Bhubaneswar by order dated 22.12.2022 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the co-accused similarly circumstanced have since been released on bail by order dated 24.01.2023 in BLAPL Nos.10079 & 10082 of 2022 and order dated 13.01.2023 in BLAPL No.9997 of 2022 and relying on the judgment of the apex Court in the case of Satender Kumar Antil vrs. Central Bureau of Investigation & Another, reported in 2022 (10) SCC 51 on the ground of parity, the petitioner seeks release.
Learned counsel for the State opposes the prayer for bail keeping in view the criminal antecedent of the petitioner.
Taking into account the nature of allegation and keeping in view the dictum of the apex Court in the case of Tofan Singh vrs. State of Tamil Nadu, reported in (2020) 80 OCR (SC) 641 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.
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 learned Court in seisin.
It is further directed that the petitioner shall not leave the territorial jurisdiction of the learned Court in seisin without its express permission.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rule.
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