Bikram Dalabehera vs State Of Orissa & Another

G. Satapathy, J

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

This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail arising out of NCB Criminal No. 01 of 2023 corresponding to 2(a)CC Case No.18 of 2023(N) pending in the Court of learned Sessions Judge-cum-Special Judge, Ganjam, Berhampur for commission of offences punishable under Sections 20(b)(ii)(C)/28/29 of NDPS Act, on the allegation of assisting co-accused Balakrushna Mishra to supply 28.500 Kilograms of Contraband Ganja to co-accused through courier.

Heard Mr. J.K. Panda, learned counsel for the petitioner and Mr. S.Panda, learned counsel for the NCB in the present matter and perused the record. Mr.S.Panda informs the Court that neither any criminal antecedent is reported against the petitioner nor the petitioner was caught red-handed with any Contraband Ganja and his role is limited to the extent of talking with principal co-accused Balakrushna Mishra over phone and has also failed to appear pursuant to the notice of the NCB.

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 implication of the Petitioner and regard being had to the mode of recovery of Contraband Ganja in a packet from Courier Office and taking into consideration the materials placed on record in entirety including the pre trial detention of the Petitioner since 05.02.2024 and absence of criminal antecedent of similar nature against him and release of co-accused Balakrushna Mishra on bail in BLAPL No. 3076 of 2023, this Court admits the petitioner to bail.

Hence, the bail application of the Petitioner stands allowed and each of the Petitioner is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/-(Rupees One Lakh) only each with two 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,

(iii) the Petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case.

(iv) the Petitioner shall report attendance before the jurisdiction Police Station once in a week preferably on Sunday in between 10 A.M. to 12 Noon for six (06) months from the actual date of his release from the custody

The I.I.C. of Jurisdictional Police Station shall not detain the Petitioner unnecessarily after recording his attendance beyond the time as stipulated.

It is 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 any offence under NDPS Act on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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