The court granted interim bail to the petitioner for eight weeks in an NDPS Act case, considering the period of detention and family hardship, subject to conditions including appearance before the trial court and no further criminal activity.
Interim bail granted for a period of eight weeks subject to conditions.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL NO.13282 OF 2023
Rohita Kumar Gajendra
…. Petitioner Mr. D. Mohapatra, Advocate
-versus-
State of Odisha
…. Opposite Party Mr. P. K. Mohanty, ASC
CORAM:
MR. JUSTICE D.DASH
Order
25.01.2024
Order No.
02. 1. This matter is taken up through hybrid arrangement (virtual
/ physical mode).
2. This is the successive journey of this Petitioner, who is in custody in connection with Gangapur P.S. Case No.21 of 2019, corresponding to G.R. Case No.1 of 2019 (N), pending on the file of the learned Additional Sessions Judge-cum-Special Judge, Aska, Ganjam running for the alleged commission of offence under sections 20(b)(ii)(c) of NDPS Act in filing this application for grant of bail in the above mentioned case.
3. Learned Counsel for the Petitioner at the outset instead of pressing for reconsideration of the prayer for grant of regular bail to the Petitioner, confines his submission for grant of interim bail to the Petitioner and accordingly, prays for disposal of this bail application.
4. Learned counsel for the Petitioner submits that the Petitioner being arrested in the case, is in custody since 11.02.2019. He further submits that due to such detention of the Petitioner in custody, besides he himself, his family members are suffering a lot
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and serious hardship is being caused to them. It is also his submission that till now his family members having somehow been able to manage the show, it is no more possible on their part to continue without the help and aid of this Petitioner at least for some time by their side at home. In view of all these above, when there remains no scope on the part of the Petitioner to flee from justice and tamper the evidence, he urges for grant of interim bail to the Petitioner.
5. Learned counsel for the State opposes the move in view of the serious nature of the allegations.
6. Taking into account the submissions made; further keeping in view the surrounding circumstances especially, the period of detention of the Petitioner in custody; this Court, for the present, is inclined to dispose of this application by granting interim bail to the Petitioner for a period of eight (08) weeks with effect from the date of his actual release from custody on such terms and conditions as the learned Court in seisin of the case deems just and proper with further condition that:-
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7. The BLAPL is accordingly disposed of.
Gitanjali
Signature Not Verified
Digitally Signed Signed by: GITANJALI NAYAK Designation: Junior Stenographer Reason: Authentication Location: OHC Date: 30-Jan-2024 12:28:24
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1 issue framed by the court
Whether the petitioner is entitled to interim bail in an NDPS Act case given the period of pre-trial detention and family hardship.
1 provisions across 1 enactments
Rohita Kumar Gajendra
State of Odisha
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
