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2. All the accused persons moved for bail under Section 439 Cr.P.C before this Court in different bail applications at different points of time. The bail applications were dealt by different Benches of this Court. Co-accused persons namely, Simanchal Gouda, Banabas Jena, Situnu Swain and Gopabandhu Digal have been released on bail by order dated 16th August 2021, 9th August 2021, 27th April 2022 and 4th May 2022 in BLAPL No. 7306/2020, 8040/2020, 8220/2020 and 8511/2020 respectively. In respect of co-accused Santosh Gouda, his prayer for bail was rejected initially on 11th January 2022 in BLAPL No. 8291/2020, but subsequently he is released on bail in BLAPL Signed by: CHITTA RANJAN BISWAL Location: High Court of Orissa, Cuttack Date: 01-Jun-2023 21:21:52 No.3935/2022 by order dated 4th August 2022. The prayer for bail by the present Petitioner (Pradhani Jani) and another co-accused namely, Ranjan Jani@Tuna Jani was dealt by this Bench earlier. The prayer for bail of Ranjan Jani@Tuna Jani, the co-accused, was rejected by this Bench on 14th July 2021 in BLAPL No. 7144/2020, on 27th August 2021 in BLAPL No. 6351/2021 and on 13th July 2022 in BLAPL No. 9826/2021, though he was granted interim bail for a period of three months for delay in completion of trial.

The prayer for bail of the Petitioner was earlier rejected on 14th July 2021 in BLAPL No. 7149/2020, on 19th May 2022 in BLAPL No. 6352/2021 (though he was granted interim bail for a period of three months for delay in completion of trial), and on 9th November 2022 in BLAPL No.8474 of 2022.

While considering the prayer for bail of the Petitioner in BLAPL No.8474 of 2022, a submission was made claiming parity as some of the co-accused persons have been released on bail. This Court, considering the effects of orders passed in BLAPL No.7306 of 2020, 8220 of 2020, 8040 of 2020 and 8511 of 2020 in favour of co-accused persons, rejected such contention of the petitioner by order dated 9th Signed by: CHITTA RANJAN BISWAL Location: High Court of Orissa, Cuttack Date: 01-Jun-2023 21:21:52 November 2022 stating that none of the bail orders of co-accused persons deal with the provisions contained in Section 37 of the N.D.P.S. Act and as such, those orders cannot be considered as the ground of parity in respect of the present Petitioner. The Petitioner did not choose to challenge said order dated 9th November 2022.

5. It is true that none of the orders, passed in BLAPL No.7306 of 2020, 8220 of 2020, 8040 of 2020, 8511 of 2020 and BLAPL No.3935 of 2022 granting bail to the co-accused persons are dealing with the provisions contained in Section 37(1) of the N.D.P.S. Act. The Hon'ble Supreme Court in Union of India v. Md. Nawaj Khan, (2021) 10 SCC 100, while dealing with the prayer of cancellation of bail of the Respondent who was accused of the offences under the N.D.P.S Act for allegedly possessing / transporting 3 kg. 300 gram Morphine, have stated that the test which the High Court is required to apply while granting bail is whether there are reasonable grounds to believe that the Signed by: CHITTA RANJAN BISWAL Location: High Court of Orissa, Cuttack Date: 01-Jun-2023 21:21:52 accused has not committed an offence and whether he is likely to commit any offence while on bail (see para 23).

6. Further though in order dated 4th August 2022, passed in BLAPL No.3935 of 2022 in respect of accused Santosh Gouda, it was submitted that trial has not yet commenced, but the fact remains that P.W.1 and 2 were examined on 11th July 2022, and P.W. 3, 4 and 5 were examined on 29th July 2022. Therefore, the orders passed in respect of other co-accused persons releasing them on bail involving offences relating to commercial quantity and punishable under Section 20(b)(ii)C of the N.D.P.S. Act cannot be taken in favour of the Petitioner on the ground of parity.