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Judgment
S.K. Mishra, J
This matter was listed on 29.09.2021. Though oral order was passed on the said date, but the same could not be typed out and signed. Hence, this matter is listed today under the heading "To Be Mentioned" and taken up through hybrid mode.
This is an application filed under Section 439 of the Code by the Petitioner for grant of bail.
The Petitioner is in custody for alleged commission of offence punishable under Section 20 (b)(ii)(C) of the N.D.P.S. Act, 1985 in 2(a)CC Case No.16 of 2020, of the court of the learned Sessions Judge-cum-Special Judge, Cuttack, arising out of Excise EI & EB, Unit-I, Cuttack P.R. No.79 of 2020,
It is apparent from the records that all the co-accused persons have been granted bail by a Bench of this Court vide orders dated 17.02.2021 passed in BLAPL No.6633 of 2020, dated 15.04.2021 passed in BLAPL No.6414 of 2020 and dated 17.08.2021 passed in BLAPL No.3754 of 2021.
During the course of hearing, it was submitted by Mr. Amulya Ratna Panda, learned counsel for the Petitioner that the case of the Petitioner stands in a better footing than the other co-accused persons because of the fact that he was the driver of the alleged vehicle. Moreover, the petitioner is a permanent resident of village- Khajuripada, P.S.- Khajuripada, in the district of Kandhamal. Hence, there is no chance of his abscondance from the process of justice. There is also no allegation on behalf of the prosecution that the Petitioner will tamper the prosecution evidence, if he is released on bail. No criminal antecedent is also reported against the Petitioner.
Keeping in view the aforesaid considerations, I am inclined to grant bail to the Petitioner.
Accordingly, the application for bail of the Petitioner is allowed. Let the Petitioner be released on bail in the aforesaid case on suitable and reasonable terms and conditions as deemed just and proper by the learned Sessions Judge-cum-Special Judge, Cuttack.
Accordingly, the BLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
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