p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.12727 of 2024 Hema @ Mohamad Sams …. Petitioner Mr. S.K.Lenka, Advocate -Versus- State of Orissa …. Opposite Party Mr. D.K.Sahoo, AGA CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 02.01.2025 02. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 483 of BNSS Act is filed for release of the petitioner on bail in connection with T.R. Case No. 604 of 2024 pending in the file of learned District & Sessions Judge, Khurda at Bhubaneswar corresponding to Bharatpur P.S. Case No.757 of 2024 on the grounds stated. 3. Learned counsel for the petitioner submits that the co- accused, namely, Baba @ Surjit Mandal is on bail by the Court’s order as at flag-A. It is submitted that about 5 Kgs. 330 Grams of contraband Ganja is shown to have been recovered from the exclusive possession of the petitioner but in so far as the co-accused is concerned, he is on bail and therefore, parity should be applied. 4. Mr. Sahoo, learned AGA for the State, on the other hand, objects to release of the petitioner on the ground that in total, 22 Kgs. 600 Grams of Ganja has been seized from the accused persons. p. 2 5. Gone through the F.I.R. as at Annexure-1. 6. Admittedly, recovery is in respect of 22 Kgs. 600 Grams of ganja, which is shown against all the accused persons. One of the accused, namely, Baba@ Surjit Mandal is on bail by the Court’s order in BLAPL No.12307 of 2024. In course of hearing, learned counsel for the petitioner submits that the accused is having no criminal antecedent of similar nature. Even though more than commercial quantity of contraband Ganja is seized from all the accused persons, recording the submission of learned counsel for the petitioner that the petitioner is having no other antecedent of similar kind and the fact that the accused persons were travelling in an auto-rickshaw at the time, when it was intercepted followed by the seizure, the Court is inclined to direct the release of petitioner on similar terms and conditions as imposed on the other accused. 7. Accordingly, it is ordered. 8. In the result, the petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to be released on bail in connection with T.R. Case No.604 of 2024 corresponding to Bharatpur P.S. Case No.757 of 2024 subject to him furnishing a bail bond of Rs.40,000/-(rupees forty thousand) with one solvent surety for the like amount to the satisfaction of the learned District & Sessions Judge, Khurda at Bhubaneswar, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case and further subject to verification of his antecedent and absence of any such criminal cases of similar nature to be pending against him. 9. The BLAPL is disposed of. p. 3 10. Urgent certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge kabita