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IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.13036 of 2022

Subham Dangi

….

Petitioner

Mr. A.K. Jena, Advocate

-versus-

State of Odisha

….

Opposite Party

Mr. P.K. Maharaj, ASC

CORAM: JUSTICE V. NARASINGH

Order No.

ORDER

05.01.2023

01.

1.

Heard learned counsel for the Petitioner and learned

counsel for the State.

2.

The Petitioner is an accused in Special G.R. Case No.120

of 2022 pending on the file of learned Sessions Judge-cum-Special

Judge, Malkanagiri, arising out of Chitrakonda P.S Case No.99 of

2022, for commission of alleged offence under Section 20(b)(ii)(C)

of the NDPS Act.

3.

Being aggrieved by the rejection of his application for bail

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

dated 19.12.2022 in the aforementioned case, the present BLAPL

has been filed.

4.

Taking into account the nature of allegation and the role

ascribed to the Petitioner and since the consideration by the learned

Court in seisin over the matter was during the course of

investigation, this Court is not inclined to entertain this bail

application at this stage.

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5.

It shall be open to the Petitioner to move the learned Court

in seisin over the matter after filing of charge sheet and the same

shall be considered on its own merits without being influenced by

the earlier rejection or the order passed by this Court.

6.

Accordingly, the BLAPL stands disposed of.

7.

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

(V. NARASINGH)

Judge

PKS