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IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6649 of 2023

Gaya Prasad Patel

….

Petitioner

Mr. P.K. Bohidar, Advocate

-versus-

State of Odisha

….

Opposite Party

Mr. P.K. Maharaj, ASC

CORAM: JUSTICE V. NARASINGH

Order No.

ORDER

12.07.2023

02.

1.

Heard learned counsel for the petitioner and, learned

counsel for the State.

2.

The petitioner is accused in connection with Special G.R.

Case No.114 of 2022, pending in the Court of the learned Special

Judge, Balangir, arising out of Tusura P.S. Case No.209 of 2022,

for commission of alleged offences under Section 20(b)(ii)(C) of

NDPS Act.

3.

Being aggrieved by the rejection of his application for bail

U/s.439 Cr.P.C. by the learned Special Judge, Balangir by order

dated 01.06.2023 in the aforementioned case, the present BLAPL

has been filed.

4.

This is the second journey of the petitioner to this Court

post charge sheet.

5.

Relying on the order relating to the co-accused dated

18.04.2023 in BLAPL No.2711 of 2023, the petitioner seeks release

inter alia on the ground of parity.

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6.

Learned counsel for the State opposes the prayer for bail

inter alia on the ground that the present petitioner has six criminal

antecedents including one under the NDPS Act.

7.

The said criminal antecedents are culled out hereunder:-

1. Bijabar PS Case No.187/2003, U/s.341/323 IPC.

2. Bijabar PS Case No.71/2008,U/s.420/294/506

IPC/R/w. Sec. 3(1)(10) SC & ST POA Act.

3.

Bijabar

PS

Case

No.20/2016,

U/s.452/323/294/325/34 IPC.

4. Bijabar PS Case No.259/2006, U/s.107/116 (3)

IPC.

5. Bijabar PS Case No.38/2016, U/s. 107/116 (3)

IPC.

6. Bijabar PS Case No.137/2021,U/s.8/20 NDPS

Act.

8.

Taking into account the criminal antecedent of the

petitioner and keeping in view the bar contained under Section 37

of NDPS Act, this Court is not inclined to entertain this bail

application at this stage.

9.

Accordingly, the BLAPL stands disposed of.

10.

Urgent certified copy of this order be granted as per rules.

(V. NARASINGH)

Ayesha

Judge

Digitally Signed

Signed by: AYESHA ROUT

Designation: Junior Stenographer

Reason: Authentication

Location: High Court of Orissa

Date: 15-Jul-2023 11:52:58

Signature Not Verified