Bipin Bidika vs State Of Odisha

Dr. S.K. Panigrahi, J

This matter is taken up through hybrid arrangement.

Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner being in custody in connection with Gudari P.S. Case No.38 of 2020 corresponding to T.R. Case No.6 of 2020, pending in the court of learned Additional Sessions Judge-cum-Special Judge, Gunupur, registered for the alleged commission of offence under Sections 20(b)(ii)(C) of the N.D.P.S. Act, has filed this petition for his release on bail.

The allegation as made in the F.I.R. reveals that on 31.05.2020 at about 9.30 A.M. the S.I. of Police Gudari P.S. and staff were performing day patrolling in village Kadama and its adjoining area. On that day at about 4.35 P.M. acting upon tip off, they conducted raid on the spot i.e. in the jungle near Khairanguda and found the Petitioner along with others were engaged in packing and storing contraband ‘ganja’ in a cashew nut field. On seeing the Police personnel, the persons engaged in the packing the contraband ‘ganja’ fled from the spot. The raiding team nabbed one Samir Majhi, who disclosed the name of the present petitioner. On search they recovered twelve white colour polythene bags and one green colour polythene bag containing ‘Ganja’ weighing about 1164 Kg. 929 grams in toto along with motor cycles from the spot.

Learned counsel for the Petitioner submits that the Petitioner has been falsely implicated in this case. Nothing has been seized from the conscious possession of the present Petitioner and he is in custody since 14.01.2024.

He further submits that some of the co-accused persons who stand on similar footing, have already been released on bail. He, accordingly, contends that since similarly situated persons have already been released on bail, the prayer of the present Petitioner may be allowed.

Learned counsel for the State vehemently opposes the bail prayer of the Petitioner.

Considering the submissions made by the learned counsel for the parties and since the co-accused persons have already been enlarged on bail vide orders dated 25.04.2024 passed in BLAPL No.3632 of 2024 and BLAPL No.940 of 2024, this Court is inclined to release the present Petitioner on bail.

Accordingly, it is directed that the court in seisin over the matter shall release the present Petitioner on bail in the aforesaid case on stringent terms and conditions with further conditions that:

i. the Petitioner shall appear before the court in seisin over the matter on each date of posting of the case till completion of trial;

ii. the Petitioner shall not indulge in any criminal activities in future;

iii. the Petitioner shall not tamper the evidence of the prosecution witnesses in any manner;

Violation of any of the above conditions shall entail cancellation of the bail.

The BLAPL is, accordingly, disposed of.

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