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IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 12069 of 2023

Roshan Kumura

…..

Petitioner

Mr. S. Harichandan, Adv.

Vs.

State of Odisha

…..

Opp. Party

Mr. D.K. Mishra, A.G.A.

CORAM:

JUSTICE SAVITRI RATHO

ORDER

30.10.2023

Order No.

01.

(Through hybrid mode)

1.

Heard Mr. S. Harichandan, learned counsel for the petitioner and

Mr. D.K. Mishra, learned Addl. Govt. Advocate for the State.

2.

This is an application under Section 439 of Cr.P.C. for grant of

bail to the petitioner in connection with Jharsuguda P.S. Case No. 473

of 2023 corresponding to Crl. T (Special) Case No. 42 of 2023 pending

in the Court of the learned Special Judge, Jharsuguda under Sections

21(b), 29 of NDPS Act and Section 25(1-B) of the Arms Act.

3.

The petitioners had moved an application for bail before the

Court of learned Special Judge, Jharsuguda which was rejected on

06.10.2023.

4.

The allegation against the petitioner is that on 27.09.2023 at

about 6.30 p.m. the petitioner along with 4 to 5 other persons were

sitting in Jain garden situated behind Manmohan field, Jharsuguda and

were dividing brown sugar into small packets for the purpose of sale.

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5.

Mr. S. Harichandan, learned counsel for the petitioner submits

that the brown sugar allegedly seized is less than the commercial

quantity and it has not been seized from the possession of the petitioner

but from the ground. He further submits that the petitioner has no

criminal antecedent.

6.

Mr. D.K. Mishra, learned Addl. Govt. Advocate for the State

opposes the prayer for bail stating that the brown sugar was more than

small quantity and the petitioner along with other accused persons were

dividing the brown sugar into small packet for the purpose of sale and

as a Yamaha FZS motor cycle without number plate, a country made

single-shot pistol and cash have been recovered from the accused

persons, the petitioner should not be released on bail.

7.

Considering the nature of allegations and as investigation is in

progress, I am not inclined to entertain the prayer for bail and dismiss

the BLAPL granting liberty to the petitioner to approach the learned

Court below for bail afresh after completion of investigation, if so

advised.

8.

Urgent certified copy of this order be granted on proper

application.

(Savitri Ratho)

Judge

Sukanta

Digitally Signed

Signed by: SUKANTA KUMAR BEHERA

Designation: Senior Stenographer

Reason: Authentication

Location: Orissa High Court, Cuttack

Date: 30-Oct-2023 20:20:14

Signature Not Verified