MRUTYUNJAYA BINDHANI Vs. STATE OF ODISHA

JUDGEMENT

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

(2.) The Petitioner being in custody in connection with Gochhapada P.S. Case No.01 of 2016 corresponding to T.R. Case No. 02 of 2016 on the file of learned District and Sessions Judge-cum-Special Judge, Phulbani, running for alleged commission of offence under Sec. 20(b)(ii)(B) of the NDPS Act, , has filed 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 the Petitioner has been taken to custody since 9/1/2024 for violation of the condition as imposed by the Court below vide order dtd. 19/2/2026 passed by the learned Special Judge, Phulbani in G.R. Case No.02 of 2016. He further submits that the Petitioner's absence on the date fixed in the case was neither deliberate nor intentional. He submits that this Petitioner has no intention to avoid the process of law and he would take all steps in future to see that the situation does not recur. In view of all the above, when in the meantime, the Petitioner has remained in custody for about a month being penalized for said non-deliberate act; he urges for grant of bail to the Petitioner.