Orissa High Court
Babul Kumar Das vs State Of Odisha ….. Opposite Parties on 24 December, 2024
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.14412 of 2024
Babul Kumar Das ..... Petitioner
Represented By Adv. -
Amulya Ratna Panda
-versus-
State Of Odisha ..... Opposite Parties
Represented By Adv. -
M.R.Mohanty, A.G.A.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
24.12.2024
Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner and learned Counsel
for the State. Perused the records.
3. This is an application under Section 482, B.N.S.S. filed by the
Petitioner for anticipatory bail, involving offence punishable under
Section 20(b)(ii)B of NDPS Act in T.R. Case No.545 of 2024 of the
Court of learned District & Session Judge, Khurda at Bhubaneswar
arising out of Bhubaneswar-II Excise P.R. No.167 of 2024-25.
4. It is stated by learned counsel for the Petitioner that the
Petitioner was not present at the spot and the contraband article has
not been recovered from the exclusive and conscious possession of
the present Petitioner, therefore, the bar under Section 37 would not
be attracted to the facts of the present case. He further submitted that
Page 1 of 2.
some of the co-accused persons have been enlarged on bail in the
meantime.
5. Considering the facts of the case, this Court is not inclined to
grant anticipatory bail to the Petitioner. However, it is observed that
the Petitioner, if so advised, may surrender before the learned court
in seisin over the matter, in the aforesaid case within three weeks
from today. In the event the Petitioner surrenders and moves for bail
within the aforesaid period, learned court in seisin over the matter,
shall do well to dispose of the bail application of the Petitioner on the
same day on merit in accordance with law. Further, while considering
the bail application of the Petitioner, learned Court in seisin over the
matter shall consider the bail application taking into consideration the
aforesaid facts of the matter and shall apply the principles of parity
and the law laid down by the Hon’ble Supreme Court of India in
Tofan Singh vs. State of Tamil Nadu reported in (2021) 4 SCC 1.
The case diary be made available to the concerned court to facilitate
disposal of the bail application of the Petitioner.
6. The ABLAPL is disposed of accordingly.
7. Urgent certified copy of this order be granted as per rules.
( A.K. Mohapatra)
Judge
Anil
Signature Not Verified Page 2 of 2.
Digitally Signed
Signed by: ANIL KUMAR SAHOO
Reason: Authentication
Location: High Court of Orissa
Date: 25-Dec-2024 14:15:12
