PRADIP DAS Vs. STATE OF ODISHA

JUDGEMENT

(1.) This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

(2.) This is a successive bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with T.R. Case No. 32 of 2020 arising out of Umerkote P.S. Case No. 212 of 2020 pending in the file of learned Additional District and Sessions Judge, Umerkote, Nabarangpur for commission of offences punishable Under Ss. 20(b)(ii) (C) and 29 of NDPS Act, on the allegation of consciously possessing 105 Kgs and 676 grams of Contraband Ganja.

(3.) In the course of hearing of the bail application, Mr. R.L. Pattnaik, learned counsel for the Petitioner submits that the present Petitioner has been implicated solely on the basis of confession of co-accused which is inadmissible in the eye of law and similarly situated co-accused persons have already been released on bail. It is further submitted by the learned counsel for the Petitioner that despite being detained in custody for near about two years, the trial is yet to commence and, therefore, the Petitioner is entitled to bail in view of the principle laid down by the Apex Court in its order passed in Special Leave to Appeal Criminal No. 6690 of 2022 (Dheeraj Kumar Shukla Vrs. State of Uttrapradesh). Learned counsel for the Petitioner also relies upon the decision in Mohd Muslim @ Hussain Vrs. State (NCT of Delhi); 2023 (I) OLR SC 959 to grant bail to the Petitioner.