Bhola Kumar Sikdar vs State Of Odisha

A.K. Mohapatra, J

This matter is taken up through Hybrid Arrangement (Virtual/Physical 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 in connection with T.R. No.8 of 2024, arising out of P.R. Case No.143/2023-24, pending in the Court of learned Addl. Sessions Judge-cum-Judge(Special Court), Rairakhol, for alleged commission of offence punishable under Section 20(b)(ii)(C) of N.D.P.S. Act.

It is submitted by the learned counsel for the Petitioners that earlier this matter was not before any other Bench of this Court. He further submitted that the Petitioners are in jail custody since 22.03.2024. He further submitted that investigation has progressed substantially. Learned counsel for the Petitioners referring to the prosecution report, submitted that a total quantity of 27 Kgs. of contraband Ganja was recovered from the possession of the three accused persons. He further submitted that the Petitioner No.1 is a permanent resident of Sate of West Bengal and Petitioner Nos.2 and 3 are the resident of State of Kerala. He further submitted that the Petitioners do not have similar criminal antecedent. He further contended that pursuant to the direction of this Court, an affidavit has been filed before the trial court indicating the residential address and other details of the Petitioners as well as the fact that the Petitioners do not have any similar criminal antecedent. On such ground, learned counsel for the Petitioners submitted that the Petitioners be released on bail on any terms and conditions that would be imposed by this Court which the Petitioners shall abide by while on bail.

Learned counsel for the State, on the other hand, opposed the release of the Petitioners on bail on the ground that the investigation is still on and the Petitioners do not belong to the State of Odisha, therefore, in the event they are released on bail, there is every possibility they might abscond from justice which would cause delay in conclusion of the trial. Therefore, learned counsel for the State submitted that the prayer for bail of the Petitioner be rejected at this juncture.

Considering the submissions made by the learned counsels appearing for the respective parties and on a careful examination of the materials on record as well as the fact that the Petitioners do not have similar criminal antecedent, this Court is inclined to release the Petitioners on bail.

Hence, it is directed that the Petitioners be released on bail in the aforesaid case on furnishing bail bond of Rs.30,000/-(Rupees thirty thousand) each with two local solvent sureties for the like amount to the satisfaction of the Court in seisin over the matter. Further, the release of the Petitioners shall also be subject to the following condition:-

I) They shall file an affidavit before the trial court indicating therein their residential details and other details like Aadhar number, mobile phone number before the jurisdictional police station and their release shall be subject to verification of the aforesaid details and such details as would be furnished by any of their relative in the shape of an affidavit; and

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

III) They shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever;

IV) They shall not make any default in attending the court during trial on each date without fail; and

V) They 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 aforesaid terms and conditions shall entail cancellation of bail.

It is open to the Court in seisin over the matter to impose any other conditions as may be deemed just and proper.

It is further directed that the bail granted to the Petitioner is subject to the condition that the court below shall verify whether the Petitioner has any criminal antecedent of similar nature. In the event it is found that the Petitioner is having any criminal antecedent of similar nature, then this bail order shall automatically stand revoked.

The BLAPL is, accordingly, disposed of.

Issue urgent certified copy of this order as per Rules.

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