Apin Das Vs State of Odisha

BLAPL No. 9031 of 2019

15.11.2019

The petitioner being in custody in connection with T.R. Case No. 55 of 2019 arising out of Khurda Model P.S. Case No.345 of 2019 pending in the court of the learned 1^st Addl. Sessions Judge, Khurda running for the alleged commission of offence under section 21(b)/29 of NDPS Act has filed this application under section 439, Cr.P.C. for his release on bail.

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Learned counsel for the petitioner submits that on the allegation that on the relevant date, time and place, the petitioner was in possession of 20.07 grams of heroin (brown sugar); he has remained in custody since 11.10.2019. He further submits that the investigation of the case is at its fag end and there remains no scope on the part of the petitioner to flee from justice or tamper the evidence. In view of all the above; he urges for grant of bail to be petitioner.

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Learned counsel for the State opposes the move.

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Considering the submissions made and on going through the materials available on record, further keeping in view the surrounding circumstances including the period of detention of the petitioner in custody; it is directed that the petitioner be released on bail in the aforesaid case with such terms and conditions as deemed just and proper by the court in seisin of the case with further conditions that he will appear in person before the court in seisin of the case on each date of posting of the case till conclusion of the trial; will appear before the I.I.C., Khurda Town P.S. on every Sunday in between 10.00 A.M. to 2.00 P.M. for a period of one year; and will not indulge in commission of similar type of offence.

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Violation of any of the above condition shall entail cancellation of bail.

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The BLAPL is accordingly disposed of.

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Issue urgent certified copy as per rules.

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…………………. D.Dash, J.

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Akss

Apin Das v. State of Odisha

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Apin Das v. State of Odisha

Case brief

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