High CourtsSingle Bench(2023) 06 OHC CK 0083

Rahul Sahoo & Another vs State Of Odisha

Orissa High Court · Decided on 21 June 2023

HON’BLE JUDGES
V. Narasingh, J
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 6325 Of 2023

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Judgment

13 paragraphs · 295 words

V. Narasingh, J

1.

Heard learned counsel for the Petitioners and learned counsel for the State.

2.

The Petitioners are accused in connection with 2(a)CC No.211 of 2023, pending in the Court of the learned S.D.J.M., Angul, arising out of P.R. No.39 of 2022-23 for alleged commission of offences under Section 52(a)(i) of the Narcotic Drugs & Odisha Excise Act.

3.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Angul by order dated 22.05.2023 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the Petitioners are the first offenders and they are in custody since 4.5.2023 on the accusation of possessing ID Liquor to the tune of 400 litres kept in a rubber bladder.

5.

It is further submitted that since investigation has progressed substantially, the Petitioners may be released on bail.

6.

Learned counsel for the State opposes the prayer during currency of investigation.

7.

Considering the nature of allegation and the substantial progress of investigation, this directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin subject to verification of the criminal antecedent of similar nature.

8.

If it comes to the fore that the Petitioners have any criminal antecedent, this order shall stand recalled.

9.

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

10 . Accordingly, the BLAPL stands disposed of.

11.

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

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