Amresh Digal vs State Of Odisha

A.K. Mohapatra, J

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

Heard  learned  counsel  appearing  for  the  Petitioner  and learned  Additional  Government  Advocate  appearing  for  the State-Opposite  Party.  Perused  the  materials  placed  before  this Court.

The present bail application under Section 439 of Cr.P.C. has  been  filed  by the Petitioner  for  regular  bail  in  connection with  OIC  of  Excise  Raikia  PR  No.101  dated  15.02.2024 corresponding to 2(a)CC No. 08 of 2024, pending in the Court of learned Special Judge-Cum-Addl. District & Sessions Judge, Balliguda, Dist- Kandhamal. for alleged commission of offence punishable under Sections 20(b)(ii)(c) of the N.D.P.S. Act.

It  is  submitted  by  the  learned  counsel  for  the  petitioner that earlier this matter was not before any other bench of this Court. He further submitted that the Petitioner is in custody since 15.02.2024. It is also contended by the learned counsel for the Petitioner that keeping in view the quantity of ganja seized,i.e., 18kg. which is less than the commercial quantity, a bar under Section 37 of the N.D.P.S. Act is not attracted. He further submitted that the Petitioner does not have any similar 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 Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, opposed the release of the Petitioner on bail on the ground that in the event the Petitioner is released on bail, there is a possibility that he might be involved in similar criminal offences. Learned Additional Standing Counsel submitted that nature of allegation and the contraband used in the present case is itself a threat to the society. 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 examination of the surrounding facts and circumstances of the present case and further keeping the view the period of detention of the Petitioner in jail custody and the fact that the Petitioner does not have any similar criminal antecedent, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions.

Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five thousand) with two local solvent sureties for the like amount to the satisfaction of the Court in seisin over the matter.

It is open for the Court in seisin over the matter to impose any other conditions as may be deemed just and proper.

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, this bail order shall automatically stand revoked.

The BLAPL is, accordingly, disposed of.

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