RAMAKANTA PRASAD Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is the third successive bail application under Sec. 439 of Cr.P.C. filed by the petitioner for grant of bail in connection with Ulunda P.S. Case No.27 of 2017 corresponding to Special G.R. Case No.14 of 2017 pending in the Court of learned Sessions Judge -cum- Special Judge, Sonepur for commission of offence punishable under Sec. 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short " the NDPS Act).

(2.) While dismissing BLAPL No. 11108 of 2019 filed by the petitioner by order dtd. 25/10/2021, the learned trial court had been directed to expedite the trial. In the second bail application - BLAPL No. 1953 of 2022, I was not inclined to allow the prayer for bail but while disposing of the bail application by order dtd. 21/7/2022, had requested the learned trial Court to conclude the trial within a period of six months as the petitioner had remained in custody since more than five years.

(3.) Perusal of the impugned order dtd. 30/8/2022 reveals that just after expiry of one month, the petitioner had moved the learned trial court for bail and the prayer has been rejected the bail holding that the earlier bail applications had been rejected five times earlier and there was no change in circumstances to take a different view, hearing in the case had commenced and the petitioner was a resident of Sabahi Tarwah, Police Station - Turukpatti, District - Kushinagar in Uttar Pradesh for which there was every chance of his absconding and least chance of apprehending him and the ganja seized was of commercial quantity.