DILLIP KUMAR DEHURY Vs. STATE OF ODISHA

JUDGEMENT

(1.) This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and learned counsel for the State.

(2.) This is an application under Sec. 439 of Cr.P.C. for grant of bail to the petitioner in connection with Kantamal P.S. Case No.146 of 2019 corresponding to Spl. (NDPS) Case No.78 of 2019 pending in the Court of learned Sessions Judge -cum-Special Judge, Kantamal, Boudh for alleged commission of offence under Sec. 20(b)(ii)(C) of the N.D.P.S. Act. The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge - cum- Special Judge, Kantamal, which was rejected on 4/4/2022. Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 28/8/2019 and earlier when he approached this Court for bail in BLAPL No.2065 of 2020, the bail application was rejected on merit, however, direction was given to the learned trial Court to expedite the trial and try to conclude the same within a period of six months from the date of receipt of the order and the petitioner was granted liberty to renew the prayer for bail if the trial is not concluded within the aforesaid period.

(3.) It seems that the Registry has communicated the order of this Court to the learned trial Court on 11/2/2021. On perusal of the status report submitted by the learned trial Court dtd. 20/4/2023, it appears that out of twenty one charge sheeted witnesses, only three witnesses have been examined. Learned counsel for the State, on the other hand, opposed the bail application on merit, however, he has no serious objection for grant of interim bail to the petitioner since he is a local man and submitted that he has not received the written instruction from the concerned police station about the criminal antecedent of similar nature, if any, against the petitioner.