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2025 DAILYLAW 9541 (ORI)

AJAYA DIGAL v. STATE OF ODISHA

BLAPL/517/2025 · 2025-03-12

R K Pattanaik

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.517 of 2025 Ajaya Digal …. Petitioner Mr. Manas Chand, Advocate -Versus- State of Odisha …. Opposite Party Mr. T.K. Acharya, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 12.03.2025 02. 1. Heard Mr. Mishra, learned counsel for the petitioner and Mr. Acharya, learned ASC for the State. 2. Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with Bhanjanagar P.S. Case No.1212 of 2024 corresponding to S.G.R. Case No.84 of 2024 pending in the file of learned Additional Sessions Judge-cum-Special Judge, Bhanjanagar on the grounds stated therein. 3. Referring to the statement of the complainant, a copy of which is made available to the Court, Mr. Chand, learned counsel for the petitioner submits that the co-accused, namely, Pramod Behera @ Pramod Kumar Behera is on bail by the Court’s order in BLAPL No.1374 of 2025 and in so far as, the recovery is concerned, two polythene bags were found one on the back seat of the vehicle and another in its dicky. The further submission is that the co- accused was an inmate travelling with the petitioner in the car. With p. 2 the claim that the petitioner is having no other antecedent and allegedly claimed to be the driver of the vehicle at the relevant point of time and has remained in custody from 15th December, 2024, the submission is that he should be allowed to go on bail with any conditions, which is objected by Mr. Acharya, learned ASC for the State on the ground that the recovery is in respect of commercial quantity of Ganja i.e. 93 Kgs 10 Gram. 4. A copy of the order in BLAPL No.1374 of 2025 is produced. Admittedly, the seizure is made from a four wheeler in which the petitioner was claimed to be the driver travelling along with the co-accused named above, who is on bail. It is also revealed that two polythene bags were recovered from the alleged vehicle, one from the dicky and another from its back seat. As earlier stated, the co-accused was seated along with the petitioner at the time of its interception. Considering the above facts and the submissions of learned counsel for the respective parties and as the co-accused is on bail and the petitioner is claimed to have no other similar antecedent and a local resident and has been in custody ever since arrested, this Court is inclined to release him on bail with stringent conditions. 5. Hence, it is ordered. 6. In the result, petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to be released on bail in connection with Bhanjanagar P.S. Case No.1212 of 2024 corresponding to S.G.R. Case No.84 of 2024 subject to him furnishing a bail bond of Rs.50,000/-(Rupees fifty thousand) with one solvent surety for the like amount to the satisfaction of learned p. 3 Additional Sessions Judge-cum-Special Judge, Bhanjanagar, who shall impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, he shall attend the PS once in 10 days’ time and report the IO for the purpose of investigation and to continue to do so, at least for a period of six months and to furnish an undertaking not to involve himself in any such criminal activities, while on bail. 7. The BLAPL is disposed of. 8. Urgent certified copy of this order be granted as per rules. Alok (R.K. Pattanaik) Judge