Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.12836 of 2024
Mohan Meher …. Petitioner
Mr. S.K. Jena, Advocate
-versus-
State of Odisha …. Opposite Party Mr. C.R Swain, AGA
CORAM: JUSTICE V. NARASINGH
Order No.
ORDER 02.01.2025
01.
1. Heard learned counsel for the Petitioner and
learned counsel for the State.
2. The Petitioner is an accused in connection with C.T (Spl.) Case No.85 of 2024, pending in the Court of learned District & Sessions Judge-cum-Judge, Special Court, Bargarh, arising out of Bargarh Town P.S. Case No.533 of 2024, for commission of alleged offences under Section 276/ 277/ 111(4)/ 61(2) of BNS, 2023 r/w Section 21(c)/25/29 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 the Bharatiya Nagarik Suraksha Sanhita (BNSS) by the learned Sessions Judge, Bargarh by order dated 22.10.2024, the present BLAPL has been filed.
5. It is submitted by the learned counsel that the Petitioner is in custody since 24.09.2024 on the allegation that he along with co-accused are found to be involved in supply of 4475 nos. of Eskuf Cough Syrup bottles of 100 ml each, containing 895 gms of Codeine Phosphate.
6.
Learned counsel for the Petitioner submits that the co-accused from whose possession, the seizure has been affected, has been released on bail by order dated 16.12.2024 in BLAPL No.12336 of 2024. Hence the Petitioner seeks release, inter alia, on the ground of parity.
7.
Learned counsel for the Petitioner also relies on the order dated 20.12.2024 passed by this Court in respect of the co-accused persons in BLAPL Nos. 11165,10967,10968,11013,11070,11083 and 11252 of 2024 and seeks release.
8. On instruction,
learned counsel for the Petitioner submits that the Petitioner is the first offender.
9.
Learned counsel for the State opposes the prayer for bail during the currency of investigation.
10. Taking into account, release of the co-accused and that petitioner is the first offender, as noted and the progress in investigation, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
11. Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till submission of final form. Certification of such appearance shall be submitted to the Court in seisin.
12. Accordingly, all the BLAPL stands disposed of.
13. Urgent certified copy of this order be granted as per rules.
(V. NARASINGH)
Judge Soumya