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Judgment
11 paragraphs · 340 wordsS.S. Mishra, J
This is an application under Section-439 Cr.P.C.
The petitioners are accused in connection with Tumudibandha P.S. Case No.24 of 2024 corresponding to C.T. Case No.30 of 2024 for the offence under Sections-279/337/338 IPC r/w Section 20(b)(ii) B of the N.D.P.S. Act pending in the Court of the Special Judge-cum-Addl. Sessions Judge, Baliguda.
The allegation against the petitioners is that Sri Ashutosh Paikray, S.I. of Police of Tumudibandha Police Station on 03.10.2023 lodged a written report at Tumudibandha P.S. alleging that the S.I. along with other staffs were performing patrolling duty at about 1.20 PM and found one motor cycle was coming from Kumelabandha side. The pillion riders were holding a jerry bag containing contraband ganja of 9 kg. 500 gms. They seized the said contraband and arrested the accused persons.
The petitioners had approached the learned Special Judge-cum-Addl. Sessions Judge, Balliguda praying for grant of bail. The learned Court below vide its order dated 03.02.2024 has rejected the bail application of the petitioners. Being aggrieved, the petitioners have filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.
Learned counsel for the petitioners submits that the plea of bail of the petitioners is not pending before any other Court except the present one.
Taking into consideration the period of custody from 29.01.2024, the nature of accusation and the quantity of contraband seized, I am inclined to admit the petitioners on bail.
Hence, the petitioners 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 that he shall cooperate with the investigation and shall not tamper with the evidence in any manner whatsoever and subject to verification of similar type of antecedents of the petitioners.
Non-cooperation in the investigation and/or violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioners.
The BLAPL is accordingly disposed of.
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