Achhelal Bin & Another vs State Of Odisha

S.S. Mishra, J

This is an application under Section-439 Cr.P.C.

The petitioners are the accused persons in connection with P.R. No.364/2022-23 corresponding to T.R. Case No.171 of 2023 for the offence under Section-20(b)(ii) C of the N.D.P.S. Act pending in the Court of the learned Sessions Judge-cum-Judge (Special Court), Sambalpur.

The allegation against the petitioners that on 02.12.2023 at about 8.55 AM near Platform No.1 of Sambalpur Railway Station, the Excise Staffs of District Mobile, Sambalpur seized 21 kgs. of contraband ganja from the possession of the petitioner, when the petitioners were trying to transport the ganja.

The petitioners had approached the learned Sessions Judge-cum-Judge (Special Court), Sambalpur praying for grant of bail. The learned Court below vide its order dated 24.01.2024 has rejected the bail application of the petitioners. Being aggrieved, the petitioners have filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.

Learned counsel for the petitioners submits that the plea of bail of the petitioners is not pending before any other Court except the present one. Learned counsel for the petitioners submits that the charge sheet has already been filed in the present case.

Taking into consideration the period of custody from 02.12.2023, the nature of accusation and the quantity of contraband seized, I am inclined to admit the petitioners on bail.

Hence, the petitioners be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper subject to the further condition that they shall cooperate with the investigation and shall not tamper with the evidence in any manner whatsoever and subject to verification of similar type of antecedents of the petitioners subject to further condition that the petitioners shall furnish two local sureties and shall appear before the I.I.C., Sambalpur Town Police Station once in every month and shall appear before the learned Court in seisin over the matter on each date posted for trial.

To allay the legitimate apprehension of the learned Public Prosecutor regarding ensuring the presence of the petitioners during trial since they belong to a different State, additionally it is directed that one of the family members of the petitioners shall execute P.R. Bond in addition to the sureties in terms of the order of the learned Court in seisin. Learned Court below shall also obtain report on the criminal antecedent of the petitioners from Thakraha Police Station, District- Bagha, (West Champaran), State- Bihar. If it comes to the fore that the petitioners have any criminal antecedent, the Court below shall take into consideration the same while imposing condition.

Non-cooperation in the investigation and/or violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioners.

The BLAPL is accordingly disposed of.

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