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. In course of hearing, it is brought to the notice of the Court that the petitioner is having criminal antecedent, however, learned counsel appearing for him submits that many other accused persons similarly situated like him with such antecedent are on bail and he has remained in judicial custody since 9th October, 2023 and hence, therefore, should be enlarged on bail extending parity which is objected to by Mr. Rout, learned AGA for the State since he has antecedent to his credit.
4. Gone through Annexure-3 series.
5. In the meantime, some of the accused persons are on bail by this Court and other co-ordinate Benches as brought to its notice in course of hearing.
6. No doubt, the petitioner is having criminal antecedent so revealed from the rejection order i.e. Annexure-2. In respect of some other accused persons though they are having criminal antecedents, still Court has allowed them to go on bail subject to stringent conditions. In the meantime, more than three months have gone by and under the impression that the investigation must have been concluded or at least progressed to a considerable extent, the Court is of the humble view that the petitioner as not required for any interrogation and since recovery and seizure has already been over, which has been made at spot itself, he should be allowed to go on bail on same terms and conditions.
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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