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Judgment
S.S. Mishra, J
This is an application under Section-439 Cr.P.C.
The petitioner is an accused in connection with Kharvelanagar P.S. Case No.35 of 2024 corresponding to T.R. Case No.26 of 2024 for the offence under Sections-20(b)(ii) B of the N.D.P.S. Act pending in the Court of the District & Sessions Judge, Khurda at Bhubaneswar.
The allegation against the petitioner in the F.I.R. is that on 18.01.2024 one Rajashree Pradhan, S.I. of Kharavelanagar Police Station lodged a written report that while she along with staff were conducting the patrolling duty in Unit-IV market area, they came to know regarding selling of ganja in the market. They apprehended the accused persons while selling of contraband ganja. At the spot, the informant detained the accused and seized 1.150 kgs. of contraband ganja.
The petitioner had approached the learned District & Sessions Judge, Khurda at Bhubaneswar praying for grant of bail. The learned Court below vide its order dated 24.01.2024 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.
Learned counsel for the petitioner submits that the plea of bail of the petitioner is not pending before any other Court except the present one.
Taking into consideration the period of custody from 13.01.2024, the nature of accusation and the quantity of contraband seized, I am inclined to admit the petitioner on bail.
Hence, the petitioner be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper subject to the further condition that he shall cooperate with the investigation and shall not tamper with the evidence in any manner whatsoever and subject to verification of similar type of antecedents of the petitioner.
Non-cooperation in the investigation and/or violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioner.
The BLAPL is accordingly disposed of.
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