Akil @ Mohammad Akil vs State Of Odisha

A.K. Mohapatra

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel appearing for the Petitioner and learned Additional Sanding Counsel appearing for the State-Opposite Party.

The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with Laxmisagar P.S Case No. 80 of 2024 corresponding to T.R No-70/2024, pending in the Court of learned District and Sessions Judge, Khurda, Bhubaneswar for alleged commission of offence punishable under Sections 21(b) of the NDPS Act.

Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 14.02.2024. It is alleged that a total quantity of 20 grams of contraband Brown Sugar was recovered from the possession of the present Petitioner which is less than the commercial quantity, a bar under Section 37 of the N.D.P.S. Act is not attracted to the facts of the present case. He further contended that the Petitioner does not have any criminal antecedent. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and condition which the Petitioner undertakes to abide by while on bail.

Learned counsel for the State on the other hand contended that the allegations made in the FIR are serious in nature. Learned Additional Standing Counsel opposed the release of the Petitioner in view of the nature and seriousness of allegation made against the Petitioner. Therefore, he submitted that the prayer for bail of the Petitioner be rejected at this juncture.

Having heard the learned counsels appearing for the respective parties and on a careful consideration of the fact that the alleged quantity of the contraband article is less than the commercial quantity and that the Petitioner does not have any similar criminal antecedent. This Court is inclined to release the Petitioner on bail subject to imposition of certain terms and conditions.

Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.40,000/-(Rupees Forty Thousand) with two local solvent sureties for the like amount to the satisfaction of the Court in seisin over the matter. The release of the Petitioner shall be subject to the following terms and conditions:

i) The Petitioner shall not be involved in any offence of similar nature;

ii) he shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever;

iii) shall not make any default in attending the court during trial on each date without fail;

iv) shall appear before the concerned Police Station once in a week preferably on ‘Sunday’ in between 10.00 A.M. to 1.00 P.M. till conclusion of trial; and

v) shall not leave the jurisdiction of the Court in seisin over the matter and shall furnish his address and mobile number to the police from time to time.

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

It is further directed that the bail granted to the Petitioner is subject to the condition that the court below shall verify whether the Petitioner is having any criminal antecedent of similar nature. In the event it is found that the Petitioner is having any similar criminal antecedent involving the offence, this bail order shall automatically stand revoked.

The BLAPL is, accordingly, disposed of.

Urgent certified copy of this order be granted on proper application.

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