Orissa High Court
Mantu @ Bibek Digal @ vs State Of Odisha ..... Opposite Parties on 28 October, 2024
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.11731 of 2024
Mantu @ Bibek Digal @ ..... Petitioner
Bibekananda Digal
Represented By Adv. -
Amulya Ratna Panda
-versus-
State Of Odisha ..... Opposite Parties
Represented By Adv. -
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
28.10.2024 Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner and learned Addl. Government Advocate for the State. Perused the records.
3. This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 20(b)(ii) C/25/29 of N.D.P.S.Act in C.T.Case No.23 of 2020 arising out of Baliguda P.S.Case No.110 of 2020 of the Court of learned Special Judge-cum-A.D.J., Baliguda.
4. It is stated by the learned counsel for the Petitioner that the Petitioner has been falsely implicated in the present case. He also contended that nothing has been recovered from the exclusive and conscious possession of the Petitioner. He Page 1 of 3. further submitted that some of the accused persons have been enlarged on bail in the meantime. Learned counsel for the Petitioner further referring to the decision of the Hon'ble Supreme Court in Tofan Singh vs. State of Tamil Nadu reported in (2021) 4 SCC 1 contended that the statement of co-accused shall not be used against the present Petitioner. Accordingly, learned counsel for the Petitioner further submitted that the Petitioner be released on bail on any terms and conditions.
5. Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, opposed the prayer for release of the Petitioner on pre-arrest bail on the ground that the cases of illegal transportation of contraband article are on rise in State of Odisha now-a-days. Therefore, no leniency should be shown to the accused persons, who are involved in such type of offence. In such view of the matter, it is submitted that the prayer for bail of the Petitioner be rejected at this juncture.
6. Considering the submissions of the learned counsel for the parties, it is observed that the Petitioner, if so advised, may surrender before the learned Special Judge-cum-A.D.J., Baliguda, in the aforesaid case within four weeks from today. In the event the Petitioner surrenders and moves for bail within the aforesaid period, learned Special Judge-cum-A.D.J., Baliguda, 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 and the law laid down by the Hon'ble Page 2 of 3. Supreme Court of India in Tofan Singh vs. State of Tamil Nadu reported in (2021) 4 SCC 1. The case diary be made available to the concerned court to facilitate disposal of the bail application of the Petitioner.
7. The ABLAPL is disposed of accordingly.
8. Urgent certified copy of this order be granted as per rules.
( A.K. Mohapatra) Judge RKS Signature Not Verified Page 3 of 3. Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 30-Oct-2024 11:44:51