Bhim Kumar vs State Of Odisha

G. Satapathy, J

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

This is an application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with P.R. No.219 of 2022-23 of Sub-Inspector of Excise, District Mobile, Sambalpur corresponding to T.R. Case No.55 of 2023 pending in the file of learned District & Sessions Judge, (Special Court), Sambalpur for commission of offences punishable under Sections 20(b)(ii)(C) of NDPS Act on the allegation of possessing and transporting 40 Kgs. of Contraband Ganja along with two co-accused persons in Coach No. B-1 of Ispat train.

Heard Mr. S. Panda, learned counsel for the petitioner and Mrs. S.R. Sahoo, learned ASC in the matter and perused the record.

This Court is informed that the petitioner and another two persons were travelling in Ispat train, when they were allegedly apprehended by the Excise personnel for possessing and transporting Contraband Ganja, but Mr.Panda, learned counsel for the petitioner submits that the petitioner was no way connected with the transportation and possession of Contraband Ganja. On the other hand, Mrs. S.Sahoo, learned ASC submits that the petitioner belongs to other State and he may not make himself available for trial in case of grant of bail to him. This Court, however, finds some merits in the submission of learned ASC that some stringent conditions are required to be imposed for release of the petitioner on bail.

In view of the above facts and after having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the mode and manner of detection of Contraband Ganja from a public transport which is a train in this case and taking into account the pre-trial detention of the petitioner since 27.03.2023 and release of co-accused Saravjeet Kumar on bail in BLAPL No. 6844 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 his 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 and

(iv) in case the petitioner misuses the liberty of bail and in order to secure his presence, proclamation U/S.82 of Cr.P.C. is issued and the petitioner fails to appear before the Court on the date fixed in such proclamation, then, the learned trial Court is at liberty to initiate proceeding against him for offence U/S.174-A of the IPC in accordance with law.

It is, however, 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 for 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 to ascertain their proof of residence and such exercise must be completed within a reasonable period of not more than one week of filing bail bonds.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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