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Judgment
15 paragraphs · 399 wordsV. Narasingh, J
The brother of the Petitioner has filed an affidavit stating that the Petitioner has no criminal antecedent except the case at hand. The same is taken on record.
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in 2(a)CC Case No.07 of 2023 (N) pending on the file of learned Addl. Sessions Judge-cum-Special Judge, Khallikote, Ganjam arising out of P.R No.966 of 2022-23 for commission of the alleged offence under Section 20(b)(ii)(B) N.D.P.S. Act.
Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Special Judge, Khallikote by order dated 08.02.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner is in custody since 04.02.2023 on the allegation of possessing contraband (ganja) to the tune of 10 Kg.
It is further submitted that since investigation has progressed substantially and contraband seized is less than the commercial quantity, the Petitioner may be released on bail.
Learned counsel for the State opposes the prayer for bail during currency of investigation.
Taking into account the contraband seized is less than the commercial quantity and the substantial progress in investigation, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till submission of final form. Certification of such appearance shall be submitted to the Court in seisin.
To allay the legitimate apprehension of the learned Public Prosecutor regarding ensuring the presence of the Petitioner during trial since he does not belong to the State of Odisha, additionally it is directed that one of the family members of the Petitioner shall execute the P.R bond in addition to the sureties in terms of the order of the learned Court in seisin and his criminal antecedent from P.S. Dawath, Dist-Rohats, Bihar shall also be called for.
If it comes to fore that the Petitioner has similar criminal antecedent, this order shall stand recalled.
The BLAPL thus stands disposed of.
Urgent certified copy of this order be granted as per rules.
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