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2025 DAILYLAW 9183 (ORI)

HAPPY NAYAK @ GELU v. STATE OF ODISHA

BLAPL/268/2025 · 2025-01-10

R K Pattanaik

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.268 of 2025 Happy Nayak @ Gelu …. Petitioner Mr. T.K.Mohanty, Advocate -Versus- State of Odisha …. Opposite Party Mr. C.M. Singh, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 10.01.2025 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with T.R. Case No.655 of 2024 pending in the file of learned District & Sessions Judge, Khurda at Bhubaneswar corresponding to Nayapalli P.S. Case No.741 of 2024 on the grounds stated therein. 3. Learned counsel for the petitioner submits that the co- accused, namely, Bhagyadhar Nayak @ Kalia is on bail by the Court’s order dated 8th January, 2025 in BLAPL No. 166 of 2025 hence, parity should be extended to the petitioner. 4. Recorded the objection of Mr. Sahoo, learned AGA for the State, as according to whom, commercial quantity of Ganja is shown have been seized from the petitioner. 5. Perused the F.I.R. as at Annexure-1 series, rejection order i.e. Annexure-2 and seizure memo at Annexure-3. 6. Considering the fact that the recovery is made from an auto-rickshaw, wherein, passengers were travelling at the relevant point of time and the fact that the co-accused named above is on bail in BLAPL No. 166 of 2025, the Court finds no reason to detain the petitioner further but to enlarge him on bail. p. 2 7. Hence, it is ordered. 8. In the result, petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to go on bail in connection with T.R. Case No.655 of 2024 corresponding to Nayapalli P.S. Case No.741 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. However, such release of the petitioner shall be upon verification and absence of any other criminal antecedent of similar nature. 9. The BLAPL is disposed of. 10. Urgent certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge kabita