Orissa High Court
Milind Kumar Yadav vs State Of Orissa .... Opposite Party on 2 February, 2024
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.13452 of 2023
Milind Kumar Yadav .... Petitioner
Mr. A.K. Raut, Advocate
-versus-
State of Orissa .... Opposite Party
Mr. K.K. Gaya, A.S.C.
BLAPL No.13466 of 2023
Pradeep Kumar Sanodiya .... Petitioner
Mr. A.K. Raut, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. K.K. Gaya, A.S.C.
CORAM: JUSTICE V. NARASINGH
ORDER
02.02.2024 Order No.
03. 1. Since both the matters arise out of P.R. No.123/2023-24, they are heard together and disposed of by this common order on the consent of the parties.
2. Heard learned counsel for the Petitioners and learned counsel for the State.
3. The Petitioners are accused in connection with 2(a)CC Case No.26 of 2023, pending in the Court of learned Special Judge, Jharsuguda, arising out of P.R. No.123/2023-24, for commission of alleged offences under Section 20(b)(ii)(C) of the NDPS Act.
Page 1 of 34. Learned counsel, on instruction, submits that except the present BLAPLs, no other bail application of the Petitioners relating to the aforementioned P.S. Case is pending in any other Court.
5. Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Special Judge, Jharsuguda by orders dated 21.11.2023 and 22.11.2023 in the aforementioned case, the present BLAPL has been filed.
6. It is submitted by the learned counsel that the Petitioners are in custody since 09.07.2023 and as final P.R. has already been submitted on 01.11.2023, they may be released on bail.
7. It is apt to note here that the Petitioner in BLAPL No.13452 of 2023 had moved this Court in BLAPL No.8846 of 2023 which was not entertained by this Court by order dated 30.08.2023 since the same was during currency of investigation and the Petitioner in BLAPL No.13466 of 2023 had moved this Court in BLAPL No.9076 of 2023 which was not entertained by this Court by order dated 01.09.2023 since the same was also during currency of investigation.
8. It is submitted by the learned counsel for the State since the contraband seized beyond commercial quantity and there being no mitigating circumstances, the Petitioners are ought not to be released on bail and also since the Petitioners are the flight risk.
9. On instruction, it is submitted by the learned counsel that the Petitioner in BLAPL No.13452 of 2023 was cited as an accused in Bhitaha P.S. Case No.23 of 2018, under Section-147/ 149/ 341/ 323/ 324/ 325/ 379/ 504/ 506/ 37 of IPC and the Petitioner in BLAPL No.13466 of 2023 is arrayed as an accused in Bhitaha P.S. Case No.172 of 2021, under Section-341/ 323/ 354(B)/ 379/ 447/ 504/ 506/ 34 of IPC.
Page 2 of 310. Referring to the same, learned counsel for the State submits that in view of second limb of the 37(1)(b)(ii), the petitioners ought not to be released on bail.
11. Considering the nature of accusation, period in custody and keeping in view the judgment of the Apex Court in the case of Mohd. Muslim @ Hussain Vs. State(NCT of Delhi) reported in 2023 SCC Online SC 352,this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned court in seisin.
12. Additionally, it is directed that Petitioners shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin. Failure to appear will entail cancellation.
13. Accordingly, the BLAPLs stands disposed of.
14. Urgent certified copy of this order be granted as per rules.
(V. NARASINGH) Judge Soumya Signature Not Verified Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Date: 02-Feb-2024 20:03:48 Page 3 of 3