Srikrushna Jani vs State Of Odisha

Sashikanta Mishra, J

This matter is taken up through hybrid mode.

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

The Petitioner is in custody since 04.01.2022 in connection with Itamati P.S. Case No. 2 of 2022 corresponding to T.R. Case No.75 of 2022 pending in the court of learned Addl. Sessions Judge, Nayagarh for the alleged commission of the offence under Section 20(b)(ii)(C) of NDPS Act.

It is submitted that some of the co-accused persons, namely, Rabi Shankar Sahani, Harilal Sahani, Rajib Jani have been released on bail as per order passed by this Court in BLAPL Nos.9907 of 2022, 9910 of 2022 and 10404 of 2022 respectively. The said co-accused persons were occupants of two vehicles, namely, Toyota Etios Car from which 30 Kgs. 400 grams of ganja and Swift Dezire Car from which 25Kgs 200 grams of ganja were recovered. In so far as the petitioner is concerned, even an occupant of a Swift Dezire Car from which 28 kgs. 200 grams of ganja was recovered. It is therefore submitted that he stands on a better footing then the co-accused. It is further submitted that despite being in custody for more than a year, trial is yet to commence.

Taking into consideration all the above facts and the period of detention in custody, I am inclined to allow the prayer for bail. Let the Petitioner be released on bail in the aforesaid case on such terms and conditions as may be imposed by the Court in seisin over the matter including the condition that he shall appear before IIC of Khajuripada Police Station on every Sunday for a period of six months and such fact shall be certified by the IIC to the concerned court once in a month.

The BLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

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