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2025 DAILYLAW 7672 (ORI)

NARENDRA PRADHAN v. STATE OF ODISHA

ABLAPL/205/2025 · 2025-01-09

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.205 of 2025 Narendra Pradhan ..... Petitioner Represented By Adv. - Sangram Keshari Rout -versus- State Of Odisha ..... Opposite Party Represented By Adv. – Mr. Anshuman Sethi, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 09.01.2025 Order No. 01. 1. This matter is taken up through Hybrid mode. 2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State. Perused the records. 3. This is an application under Section 482 of BNSS filed by the Petitioner for anticipatory bail, arising out of Boudh P.S. Case No.224 of 2023, corresponding to Special Case No.110 of 2023 (NDPS), pending before the Court of learned Sessions Judge-cum- Special Judge, Boudh, involving offence punishable under Sections 20(b)(ii)(C), 29, 25 of NDPS Act. 4. It is stated by learned counsel for the Petitioner that the Petitioner although was not named in the FIR initially, however, his name has been include in the charge-sheet. He further contended that the Petitioner who happens to be the owner of the vehicle, which was involved in the illegal transportation of the article. He further Page 2 of 2. contended that neither the Petitioner was present at the spot nor he has any knowledge about the alleged crime. Therefore, the bar under section 37 would not be attracted to the facts of the present case. He further contended that the Petitioner does not have any criminal antecedents and that since the Petitioner belongs to the locality, there is no chance of his absconding. He further contended that one of the co-accused namely Bikash Bagha has been enlarged in ABLAPL No.8608 of 2023 vide order dated 13.09.2023. 5. Considering the submissions made by the parties, it is observed that the Petitioner, if so advised, may surrender before the learned Sessions Judge-cum-Special Judge, Boudh, in the aforesaid case within four weeks from today. In the event the Petitioner surrenders and moves for bail within the aforesaid period, learned Sessions Judge-cum-Special Judge, Boudh, shall do well to dispose of the bail application of the Petitioner on the same day on merit in accordance with law. Further, while considering the bail application of the Petitioner, learned Court in seisin over the matter shall apply the principles of parity. The case diary be made available to the concerned court to facilitate disposal of the bail application of the Petitioner. 6. The ABLAPL is disposed of accordingly. Urgent certified copy of this order be granted as per rules. ( Aditya Kumar Mohapatra ) Judge S.K. Rout