Ajay Kumar Behera vs State Of Odisha

S.K. Sahoo, JÂ

1.This matter is taken up by video conferencing mode.

Heard the learned counsel for the petitioner and learned counsel for the State.

This is an application under section 439 of Cr.P.C. in connection with T.R. Case No. 57 of 2017 arising out of Banigochha P.S. Case No.11 of

2017 pending in the Court of learned Sessions Judge, Nayagarh for alleged commission of offences punishable under section 20 (b)(ii)(C)of the

N.D.P.S. Act.

The petitioner moved an application for bail before the Court of learned Special Judge, Nayagarh, which was rejected on 12.02.2020.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 02.03.2017 and out of twenty one charge sheeted

witnesses, fourteen witnesses have been examined and the last witness i.e. P.W.14 was examined on 14.10.2019 and thereafter there is no progress

in the trial.

On such submission, a report was called for from the learned trial Court and the learned trial Court has submitted the report dated 23.07.2021

wherein it is indicated that the last witness was examined on 14.10.2019.

Considering the submissions made by the learned counsel for the respective parties and the period of detention of the petitioner in judicial custody,

the slow progress of the trial and the fact that not a single witness has been examined since 14.10.2019 and the petitioner is a local person, while not

inclining to release the petitioner on bail on merit, I direct that the petitioner be released on interim bail for a period of three months from the date of

release and the petitioner shall surrender before the learned trial Court immediately on expiry of the three months period.

For the above period, let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with

two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions that the

petitioner shall appear before the learned trial Court on each date to which the case would be posted for trial during the interim bail period and shall

not indulge in any criminal activities.

The learned trial Court shall make every endeavour to conclude the evidence of the remaining prosecution witnesses at an earliest.

The BLAPL is accordingly disposed of.

Copy of the order be communicated to the Court concerned for compliance.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order

available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide

Court’s Notice No.4587, dated 25th March 2020 as modified by Court’s Notice No.4798 dated 15th April 2021.

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