Anil Soni vs State Of Odisha

G. Satapathy, J

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

This is the second bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Sonepur Excise P.R. No. 64 of 2023 corresponding to 2(a)CC Case No.28 of 2023 pending in the Court of learned Special Judge, Sonpur for commission of offences punishable under Sections 20(b)(ii)(C) of the NDPS Act, on the allegation of transporting 20Kgs and 500 Grams of Contraband Ganja in a Tata Indica Vista Car bearing Regd. No. CG-16-CB-3115 along with co-accused person.

Heard, Mr. A. Das, learned counsel for the Petitioner and Mr. P.K. Mohanty, learned ASC in the matter and perused the record. Mr.A.Das, learned counsel for the petitioner by filing an affidavit stated to be sworn in by the wife of the petitioner submits before the Court that no bail application of the petitioner is pending before any other forum. The affidavit be kept on record.

After having considered the rival submissions and taking into consideration the nature and gravity of accusations raised against the Petitioner and keeping in view the mode and manner of implication of the present Petitioner and regard being had to the pre trial detention of the Petitioner in custody since 26.11.2023 and taking into account the other circumstance on record in entirety and release of co-accused Rajni Soni on bail in BLAPL No. 14021 of 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.1,00,000/- (Rupees One Lakh) only with two local solvent sureties 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 her attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law,

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

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 any offence under NDPS Act on prima facie accusations may be treated as a ground for cancellation of bail in this case.

It is made clear that the Court in seisin of the case, while releasing the petitioner on bail must verify the residential proof of the local sureties by taking the help of local police, if required and such exercise must be completed within a reasonable period of not more than one week.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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