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Judgment
18 paragraphs · 533 wordsS.S. Mishra, J
Herd learned counsel for the petitioner and learned counsel for the State.
The petitioner is an accused in Semiliguda P.S. Cse No.14 of 2024 corresponding to T.R. Case No.12 of 2024 for the offence under Section under Section 20(b) (ii)(B) of the N.D.P.S. Act pending in the Court of the Addl. Sessions Judge-cum-Special Judge, Koraput.
The allegation as per the F.I.R. is that on 17. 01.2024 while the informant along with other police staff performing M.V. checking duty near Mali – Dolimba Chhak, noticed that one car was coming from Semiliguda towards Pottangi with high speed in a suspicious manner. Thereafter, the informant and his staff have stopped the vehicle and surrounded the vehicle. Thereafter, three persons were got down from the vehicle. On being asked, they disclosed their names and identity and on search the vehicle, they found a jerry packet containing 15 Kgs of contraband ganja. Thereafter, the accused persons were arrested.
The petitioner had approached the learned Addl. Sessions Judge-cum-Special Judge, Koraput praying for grant of bail. The learned Court below vide its order dated 19.01.2024 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.
Learned counsel for the petitioner submits that the plea for grant of bail of the petitioner is not pending before any Court whatsoever except the present one.
Taking into consideration the period of custody from 074.01.2024, the nature of accusation and the quantity of contraband seized being less than the commercial quantity, I am inclined to admit the petitioner on bail.
Hence, the petitioner be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper subject to the further condition which are as follows:
(i) The petitioner shall cooperate with the investigation
(ii) The petitioner shall not tamper with the evidence in any manner whatsoever
(iii) Subject to verification of similar type of antecedents of the petitioner
(iv) Subject to further condition that the petitioner shall furnish two local sureties
(v) The petitioner shall appear before the concerned Police Station once in every month
(vi) The petitioner shall appear before the learned Court in seisin over the matter on each date posted for trial.
To allay the legitimate apprehension of the learned Public Prosecutor regarding ensuring the presence of the petitioner during trial since he belongs to a different State, additionally it is directed that one of the family members of the petitioner shall execute P.R. Bond in addition to the sureties in terms of the order of the learned Court in seisin. Learned Court below shall also obtain report on the criminal antecedent of the petitioner from Allapur Police Station, District- Badaun, State-Uttar Pradesh, If it comes to the fore that the petitioner has any criminal antecedent, the Court below shall take into consideration the same while imposing condition.
Non-cooperation in the investigation and/or violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioner.
The BLAPL is accordingly disposed of.
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