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Orissa High Court

Biren Paikray @ Biren Palei vs State Of Orissa .... Opposite Party on 14 November, 2023

Author: V. Narasingh

Bench: V. Narasingh

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      BLAPL No. 12117 of 2023

            Biren Paikray @ Biren Palei             ....                Petitioner
                                                         Mr. A.S. Paul, Advocate
                                           -versus-

            State of Orissa                         ....            Opposite Party
                                                          Mr. K.K. Gaya, A.S.C.

                                      BLAPL No. 12169 of 2023

             Ugulu @ Rakesh Kumar Singh             ....                Petitioner
                                                         Mr. A.S. Paul, Advocate
                                            -versus-

            State of Odisha                         ....           Opposite Party
                                                           Mr. K.K. Gaya, A.S.C



                              CORAM: JUSTICE V. NARASINGH
                                           ORDER

14.11.2023 Order No.

02. 1. Since both the matters arise out of Jatni P.S. Case No.153 of 2023, 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 T.R. Case No.230 of 2023, pending in the Court of learned District & Sessions Judge, Khordha at Bhubaneswar, arising out of Jatni P.S. Case No.153 of 2023, for commission of alleged offences under Section 20(b)(ii)(C) of the NDPS Act.

4. Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Khurda at Bhubaneswar by order dated 09.10.2023 in the aforementioned case, the present BLAPL has been filed.

5. It is submitted by the learned counsel that the Petitioners are in custody since 25.04.2023 on the accusation of transportation of Ganja to the tune of 32.600 Kg in a car.

6. It is submitted by the learned counsel for the Petitioners that since charge sheet has already been filed in the meanwhile and taking into account the period in custody, they may be released on bail.

7. Affidavit has been filed at the behest of both the Petitioners indicating that the Petitioner in BLAPL No.12169 of 2023(Ugulu @ Rakesh Kumar Singh) is the first offender and the Petitioner in BLAPL No.12117 of 2023(Biren Paikray @ Biren Palei) has the following criminal antecedents:

"i. Nirakarpur P.S. Case No.17/2017, u/s- 341/294/323/506 IPC.

ii. Nirakarpur P.S. Case No. 5/2017, u/s- 147/148/149/294/323/506 IPC. iii. Nirakarpur P.S. Case No. 116/2014, u/s- 147/148/149/307/323/324/354/417/448/506 IPC. r/w 9(b) of Indian Explosive Act.

iv. Jankia P.S. Case No.59 of 2017, u/s-147/148/302/34 IPC, r/w Sec.25/27 Arms Act."

8. Learned counsel for the State opposes the prayer for bail in view of the bar contained in Section-37(1)(b)(ii) of the NDPS Act and more particularly in view of the criminal proclivity of the Petitioners.

9. Considering the criminal proclivity of the Petitioner in BLAPL No.12117 of 2023(Biren Paikray @ Biren Palei), this Court is not inclined to entertain the BLAPL No.12117 of 2023(Biren Paikray @ Biren Palei). The same is rejected.

10. Taking into account that the Petitioner in BLAPL No.12169 of 2023(Ugulu @ Rakesh Kumar Singh) is the first offender and keeping in view the order passed by the Apex Court in the case of Rabi Prakash vs. The State of Odisha reported in 2023 LiveLaw (SC) 533, this Court directs the Petitioner in BLAPL No.12169 of 2023(Ugulu @ Rakesh Kumar Singh) to be released on such terms to be fixed by the learned Court in seisin.

11. Additionally, it is directed that Petitioner in BLAPL No.12169 of 2023(Ugulu @ Rakesh Kumar Singh) 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.

12. Before releasing, learned Court in seisin is requested to verify the criminal antecedent of the petitioner. If it comes to fore that the Petitioner in BLAPL No.12169 of 2023(Ugulu @ Rakesh Kumar Singh) has any criminal antecedent, the direction to release him on bail shall not be given effect to.

13. Accordingly, the BLAPLs stand disposed of.

14. Urgent certified copy of this order be granted as per the rules.

Digitally Signed                                               (V. NARASINGH)
Signed by: SOUMYA RANJAN SAMAL
Reason: Authentication                                                 Judge
Location: High Court ofSoumya
                        Orissa
Date: 15-Nov-2023 20:11:36

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