Arif vs State Of Odisha

A.K. Mohapatra, J

This matter is taken up through Hybrid mode.

Heard learned counsel appearing for the Petitioners and learned Additional Standing Counsel 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 Petitioners for regular bail relating to Rayagada GRPS Case No.23 of 2024, corresponding to T.R. Case No.16 of 2024, pending before the learned Special Judge, Rayagada, for alleged commission of offence punishable under Section 20(b)(ii)(C) of NDPS Act.

Learned counsel for the Petitioners submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioners that the Petitioners are in custody since 28.04.2024. Learned counsel for the Petitioners further contended that as per allegation of the FIR, the total quantity of 12 kg & 7.9 kg of

contraband ganja has been recovered from the possession of the present Petitioner Nos.1 & 2 respectively. The alleged quantity of contraband ganja recovered from the possession of the Petitioners is less than the commercial quantity, therefore, the bar under section 37 is not attracted to the facts of the present case. It was also contended that the Petitioners do not have any similar criminal antecedent. In such view of the matter, learned counsel for the Petitioners submitted that the Petitioners be released on bail on any terms and condition which the Petitioners undertake to abide by while on bail.

Learned counsel for the State on the other hand contended that the allegations made in the FIR are serious in nature. It was further contended that the Petitioners are outsiders, therefore, in the event they are released on bail they might abscond justice which might lead to delay in conclusion of trial. Learned counsel for the State opposed the release of the Petitioners in view of the nature and seriousness of allegation made against the Petitioners. Therefore, he submitted that the prayer for bail of the Petitioners be rejected at this juncture.

Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, and the fact that the alleged quantity of contraband article is less than the commercial quantity and the bar under section 37 is not attracted to the facts of the present case, and the fact that the Petitioners do not have any similar criminal antecedents, this Court is inclined to release the Petitioners on bail on furnishing each of a bail bond of Rs.35,000/- (Rupees Thirty Five Thousand) with one local solvent surety for the like amount to the satisfaction of the learned court in seisin over the matter. Release of the Petitioners shall also be subject to following conditions:-

i) The Petitioners shall also file an affidavit before the Trial Court indicating therein their residential details and other details like Aadhaar No., Phone No. before the jurisdictional police station and the release of the Petitioners shall be subject to verification of the aforesaid details and such details as would be furnished by any relative of the Petitioners in the shape of an affidavit.

ii) shall not be involved in any offence of similar nature while on bail;

iii) shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever,

iv) shall not make any default in attending the court during trial on each date without fail.

v) shall appear before the concerned Police Station once in a fortnight preferably on 'Sunday’ in between 10.00 A.M to 1.00 PM. till conclusion of the trial.

Violation of any of the terms and conditions shall entail cancellation of bail.

It is further directed that the bail granted to the Petitioners are subject to the condition that the court below shall verify whether the Petitioners are having any similar criminal antecedent. In the event it is found that the Petitioners are having similar any criminal antecedent, this bail order shall automatically stand revoked. Violation of any of the terms and conditions shall entail cancellation of bail.

The BLAPL is, accordingly, disposed of.

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