Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.3439 of 2025 Sameer Bagartti @ Samir Bagarti ..... Petitioner Represented By Adv. - Sitikant Mishra -versus- Union of India (NCB) ..... Opposite Party Mr. Karunakar Nayak, CGC for NCB CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 03.09.2025 Order No. 01. 1. This matter is taken up through Hybrid mode. 2. Heard learned counsel for the Petitioner as well as Mr. Karunakar Nayak, learned Central Government Counsel for the NCB. Perused the application as well as the prayer made therein. 3. Learned counsel for the Petitioner at the outset contended that the Petitioner has been implicated on the basis of the co-accused statement. He further submitted that no contraband article has been recovered from the exclusive and conscious possession of the present Petitioner. He further contended that the Petitioner does not want to challenge the entire criminal proceeding at this stage with liberty to raise the same before the learned trial Court at an appropriate stage. Learned counsel for the Petitioner further submitted that since the Petitioner is ready and willing to cooperate with the learned trial Court, he may be permitted to surrender before the learned trial Court. Page 2 of 2. 4. Taking into consideration the aforesaid prayer, this Court grants liberty to the Petitioner to surrender before the Court below and move an application for bail. In such eventuality, the learned trial Court shall do well to consider and dispose of the bail application on the very same day. While considering the bail application, the learned trial Court shall take into consideration the law laid down by the Hon’ble Supreme Court in the case of Tofan Singh vs. State of Tamil Nadu reported in (2021) 4 SCC 1, and shall also apply the principles of parity, if the same is applicable to the case of the Petitioner. 5. With the aforesaid observation/direction, the CRLMC application stands disposed of. ( Aditya Kumar Mohapatra ) Judge S.K. Rout