Akash Khara vs State Of Odisha

S.K. Sahoo, J

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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

This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Orkel P.S. Case No.49 of 2020 corresponding to T.R. Case No.45 of 2020 pending in the Court of learned Additional Sessions Judge -cum- Special Judge, Malkangiri for alleged commission of offence 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 Additional Sessions Judge -cum- Special Judge, Malkangiri (I/c), which was rejected on 07.03.2024.

Learned counsel for the petitioner submitted that the petitioner was taken into judicial custody in connection with this case on 07.03.2020 and he was granted interim bail for a period of three months in BLAPL No.9013 of 2020 as per order dated 07.04.2022 and after availing the same, he surrendered at right time and when he approached this Court second time for bail in BLAPL No.8678 of 2022, this Court vide order dated 04.05.2023 directed the learned trial Court to conclude the trial within a period of two months from the date of receipt of the order. Learned counsel further submitted that out of twenty two charge sheet witnesses, only eight witnesses have been examined and therefore, the bail application of the petitioner may be favourably considered.

Learned counsel for the State opposed the prayer for bail.

Considering the submissions made by the learned counsel for the respective parties, the period of detention of the petitioner in judicial custody and the conduct of the petitioner in not misutilising his liberty so also surrendering at right time, I am inclined to release the petitioner 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 interim 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 terms and conditions as the learned Court may deem just and proper including the conditions that he shall not indulge in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial during the interim bail period.

Violation of any of the terms and conditions shall entail cancellation of interim bail.

Accordingly, the BLAPL is disposed of.

Issue urgent certified copy as per Rules.

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