Sudam Digal Vs State of Odisha

The present application has been filed under Section 438 of Cr.P.C. by the Petitioners seeking pre-arrest bail in connection with Gochhapada P.S. Case No.169 of 2023, corresponding to C.T. Case No.127 of 2023, pending in the court of learned Sessions Judge,-cum-Special Judge, Phulbani, for alleged commission of offence punishable under Section 20(b)(ii)C of N.D.P.S. Act.

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It is stated by the learned counsel for the Petitioner that the present Petitioner is falsely implicated in the present case.

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Page 1 of 3.

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He further contended that nobody was arrested from the spot. So far the present Petitioner is concerned, learned counsel for the Petitioner submitted that nothing has been recovered from the exclusive and conscious possession of the present Petitioner. Therefore, the bar under Section 37 of the N.D.P.S. Act would not be attracted to the facts of the present case. Learned counsel for the Petitioner does not have similar criminal antecedent and that he belongs to the locality, therefore, there is no chance of his absconding.

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Learned counsel for the State, on the other hand, opposed the release of the Petitioner on pre-arrest bail on the ground that the Petitioner fled away from the spot and thereafter he approached this Court by filing the present bail application for his release on pre-arrest bail.

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Considering the submissions made by the learned counsels appearing for the respective parties and on a careful examination of the surrounding fact and circumstances of the present case as well as the materials on record, this Court directs that in the event the Petitioner surrenders before the Court in seisin over the matter within a period of four weeks from today and moves an application for bail, the Court in seisin over the matter shall consider and dispose of the bail application of the Petitioner in accordance with law on the same day strictly on the basis of the materials on record. It is further directed that the Court in seisin over the matter while considering the bail application of the Petitioner shall take note of the contentions of the learned

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Page 2 of 3.

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counsel for the parties. It is further directed that the Case Diary as well as relevant materials be placed before the court concerned on the date of surrender of the Petitioner for consideration of bail application of the Petitioner.

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