Abhel Kumar Naik Vs State Of Odisha

Savitri Ratho, J

This application under Section 439 of Cr.P.C. has been filed in connection with Excise Station, Khariar P.R. Case No. 131 of 2021-22 corresponding to S.A. Case No. 23 of 2022 pending in the court of the learned District & Sessions Judge-cum-Special Judge, Nuapada where the petitioner is facing trial for commission of offences punishable under Sections 21 (b) (ii) (B) of the NDPS Act (which is probably a typographical error for ‘Section 21 (b) of the NDPS Act).

The prayer for bail of the petitioner has been rejected vide order dated 18.01.2024 by the learned Special Judge, Nuapada in S.A. Case No. 23 of 2022.

Ms. Nibedita Mohanty, learned counsel for the petitioner submits that the case had been registered on 17.03.2022 and the petitioner had been arrested on the same day. She further submits that the petitioner had been released on bail by the learned Sessions Judge-cum-Special Judge, Nuapada on 15.04.2022. Thereafter trial had started and out of three two witnesses had been examined. Unfortunately, as the counsel for the petitioner expired on 16.11.2023, the petitioner was not aware that the case was posted to 30.11.2023 and was not present on that date and no steps had taken on his behalf on the said date. So NBW was issued against him. Thereafter the petitioner has voluntarily surrendered in the court on 18.01.2024, and prayed for bail but his prayer has been rejected. Ms. Nibedita Mohanty, learned counsel for the petitioner has submitted that the petitioner is willing to abide with any stringent conditions which may be imposed for releasing the petitioner on bail.

Perusal of the rejection order reveals that the learned court below has observed that the petitioner had been released on bail on 15.04.2022 and out of three prosecution witnesses two witnesses have been examined. It has also been observed that from 03.05.2023 till 02.11.2023, the petitioner was found absent but was allowed to be represented under Section 317 of the Cr.P.C. As the petitioner was absent and no steps has been taken on his behalf on 30.11.2023, NBW was issued against him. His prayer for bail has been rejected on the ground that if he is released on bail, there is chance of his absconding.

Mr. D.K. Mishra, learned Additional Government Advocate opposes the prayer for bail stating that as the learned court below has observed that the petitioner was not present in court between 03.05.2023 till 02.11.2023 and thereafter did not appear on 30.11.2023, he has violated the conditions imposed while releasing him on bail. He further submits that as only one witness remains to be examined, the petitioner should not be released on bail as that will prolong the trial.

Considering the fact that the petitioner had earlier been released on bail and on account of the demise of his counsel on 16.11.2023, no steps were taken on his behalf nor was the petitioner present in Court for which NBW was issued against him and that he has voluntarily surrendered on 18.01.2024, I am inclined to allow his prayer for bail subject to stringent conditions.

The petitioner- Abhel Kumar Naik shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, after verifying that he does not have any criminal antecedents, including the following conditions:

(i) He  shall  not  threaten  or  try  to  influence  prosecution witnesses while on bail.

(ii) He shall deposit cash surety of Rs.5,000/-.

(iii) He will report before the IIC, Komna Police Station, District-Nuapada on every Sunday between 3.00 P.M. and 4.00 P.M. till conclusion of trial.

(iv) He will remain present in the trial Court on each date it if fixed for trial.

(v) He shall not leave District- Nuapada without prior permission of the learned trial Court.

The BLAPL is accordingly disposed of.

Urgent certified copy of this order be granted as per rules.

A copy of this order be supplied to Mr. D.K. Mishra, learned Additional Government Advocate for onward transmission to the IIC, Komna Police Station, District-Nuapada.

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