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2025 DAILYLAW 36357 (ORI)

BIRENDRA KUMAR NAIK v. STATE OF ODISHA

BLAPL/5240/2025 · 2025-05-23

V Narasingh

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.5240 of 2025 Birendra Kumar Naik …. Petitioner Mr. S. Mishra, Advocate -versus- State of Odisha …. Opposite Party Smt. J. Sahoo, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 23.05.2025 01. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. The Petitioner is an accused in connection with 2(a) C.C. Case No.12 of 2025 pending on the file of learned Special Judge, Jharsuguda arising out of P.R. Case No.44 of 2025-26 for commission of offence alleged under Sections 20(b)(ii)(B) of the NDPS Act. 3. Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court. 4. Being aggrieved by the rejection of his application for bail U/s.483 of BNSS by the learned Special Judge, Jharsuguda by order dated 13.05.2025 in the aforementioned cases, the present BLAPL has been filed. 5. It is submitted by the learned counsel that the Petitioner is in custody since 29.04.2025 on the allegation of possessing contraband (ganja) to the tune of 2.450 kgs. 6. On instruction, it is submitted that the Petitioner does not have any criminal proclivity and considering his age (i.e.65 years), he may be released on bail. 7. Learned counsel for the State opposes the prayer for bail during currency of investigation. 8. Taking into account the nature of allegations and the age of the Petitioner, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin. 9. Before releasing, learned Court in seisin is requested to verify the criminal antecedent of the Petitioner. If it comes to the fore that the Petitioner has criminal antecedent of similar nature, this order shall not be given effect to. 10. Accordingly, the BLAPL stands disposed of. 11. U.C.C. as per rules. (V. Narasingh) Vacation Judge Santoshi