Ambrusa Karada vs State Of Orissa

G. Satapathy, J

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

This is is an application U/S.439 of Cr.P.C. by the Petitioner for grant of bail in connection with R. Udayagiri P.S. Case No. 154 of 2021 corresponding to G.R. Case No. 131 of 2021 pending in the file of learned Sessions Judge-cum-Special Paralakhumundi, Gajapati for commission of offence punishable under Sections 20(b) (ii) (C) and Sections 25 and 29 of NDPS Act, on the allegation of possessing 22Kgs and 200 Grams of Contraband Ganja.

In the course of hearing of the bail application, Mr. T.K. Mishra, learned counsel for the Petitioner submits that the present Petitioner has no role in the commission of crime and whatever Contraband Ganja was recovered is from the house of the co-accused Guma Mahakunda, but the Petitioner has been falsely implicated in this case by manufacturing some statement of the witnesses. It is further submitted that neither any Contraband Ganja was recovered from the exclusive possession of the Petitioner nor was he found with the commission of offence and the Petitioner, therefore, may kindly be granted bail.

On the other hand, Mr. S.S. Pradhan, learned AGA, however, strongly opposes the bail application of the Petitioner.

After considering the rival submissions made and taking into consideration the nature and gravity of accusations raised against the Petitioner and keeping in view the manner and circumstance of implication of the present Petitioner and the fact that the alleged Contraband Ganja was not recovered either from the house of the Petitioner or from his exclusive possession and regard being had to the pre-trial detention of the Petitioner since 17.03.2023, this Court admits the Petitioner to bail.

Hence, the bail application of the Petitioner stands allowed and the Petitioner is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

(i) the Petitioner shall not commit any offence while on bail,

(ii) the Petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with,

(iii) the Petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case and

(iv) the Petitioner shall report attendance before the jurisdictional Police Station once in a fortnight preferably on Sunday in between 10A.M. to 12 Noon for six(06) months from the actual date of his release from the custody.

The I.I.C. of Jurisdictional Police Station shall not detain the Petitioner unnecessarily after recording his attendance beyond the time as stipulated.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the Petitioner in future for any offence under NDPS Act involving commercial quantity of contraband article on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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