R.K. Pattanaik, J
1.Heard learned counsel for the petitioner and State.
2. Instant petition under Section 439 Cr.P.C. is filed for release of the petitioner on bail in connection with T.R. Case No.156 of 2023 pending in the file of learned Sessions Jude-cum-Judge (Special Court), Sambalpur arising out of Dhanupali P.S. Case No.330 of 2023 dated 9th October, 2023 registered under Sections 21(C) & 29 of the NDPS Act on the grounds stated therein.
3. Gone through the contents of the FIR as at Annexure-2.
4. Learned counsel for the petitioner submits that some of the accused persons are on bail and in so far as the petitioner is concerned, according to him, he has been implicated on the strength of confessional statement of co-accused and regard being had to his detention since 9th October, 2023, he should be released on bail on any terms and conditions. By claiming release of the co-accused persons, learned counsel for the petitioner produced copies of the bail orders in BLAPL Nos.13981 and 13745 of 2023 and the same are perused.
5. Mr. Rout, learned AGA for the State however prays for an adjournment to collect the Case Diary and other relevant police papers.
6. Having regard to the release of the co-accused persons and another, namely, Sk. Riyajuddin by the Court’s order in BLAPL No.13529 of 2023 as at Flag-A and the petitioner does appear to the similarly situated like them and has been in judicial custody for more than three months, under the impression that investigation has substantially progressed, the Court, instead of accepting the request of Mr. Rout, learned AGA for the State, is of the view that the petitioner, who since to have been roped in on account of the confessional statement of the co-accused arrested in connection with the case, should be allowed to go on bail subject to similar terms and conditions as imposed for others.
7. Accordingly, it is ordered.
8. In the result, the petition under Section 439 Cr.P.C. stands allowed. Consequently, the petitioner is directed to be released on bail in connection with T.R. Case No.156 of 2023 corresponding to Dhanupali P.S. Case No.330 of 2023 subject to him furnishing a bail bond of Rs.30,000/-(rupees thirty thousand) with one solvent surety for the like amount to the satisfaction of the learned Sessions Jude-cum-Judge (Special Court), Sambalpur, who shall at liberty impose other suitable conditions as deemed just and proper in the facts and circumstances of the case.
9. The BLAPL is disposed of.
10. Urgent certified copy of this order be granted as per rules.
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