ROHTASH KUMAR Vs. STATE OF ODISHA

JUDGEMENT

(1.) The matter is taken up through hybrid arrangement (virtual/ physical) mode.

(2.) This is the successive journey of the Petitioner, who is in custody in connection with Machhakund P.S. Case No.81 of 2020 corresponding to Special T.R. Case No.51 of 2020 pending in the Court of the learned Sessions Judge-cum-Special Judge, Machhakund, Malkangiri running for the alleged commission of offence under 20(b)(ii)(C) of the NDPS Act, in filling this application under Sec. 439 Cr.P.C. for his release on bail in the above mentioned case.

(3.) Learned counsel for the Petitioner submits that this Petitioner, being arrested in the case on 28/8/2020 which now concerns with the seizure of commercial quantity of Ganja, as yet save and except the framing of the charge, no other progress in the trial has been made. He, however, fairly apprises this Court that although one co-accused, who have been granted interim bail by this Court is not appearing, yet that should not be taken as an impediment to stand on the way of reconsideration of the prayer for grant of bail to the Petitioner who has absolutely no intention to avoid the process of the Court and is ready to willing to abide by any such conditions as would be imposed on him of his release on bail. He further submits that this Petitioner having remained in custody for such a long time, his family members are suffering a lot as they all depend upon the Petitioner. In view of all these above, when there arises no scope for tampering the evidence, he urges for reconsideration of the prayer for grant of bail to the Petitioner as according to him, at present the bar contained under sec. 37 of the NDPS Act does no more stand to operate.