Chandan Kumar Prusty @ Munu 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 Petitioner 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 Petitioner for regular bail in connection with T.R. Case No-533/2023, arising out of Spl. Crime Unit P.S. Case No-11/2023, pending in the Court of learned District & Sessions Judge-cum-Special Judge, Khurda, Bhubaneswar for alleged commission of offence punishable under Sections 20(b)(ii)(C)/29 of the N.D.P.S. Act.

Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 15.10.2023. He further contended that in the meantime the investigation has been concluded and the final P.R. has been filed. He further contended that there are two occupants in the vehicle from which a total quantity of Ganja seized, i.e., 75 kg., were recovered. It was further contended that alleged recovery of contraband articles from the vehicle was not within the knowledge of the present Petitioner. Therefore, the bar under Section 37 of the N.D.P.S. Act is not attracted to the facts of the present case. It was contended that other occupant, namely, Satish Kumar Pradhan was already in custody. He further submitted that the Petitioner does not have any similar criminal antecedents. Since the trial has not commenced and there is no chance for early conclusion of the trial. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and condition which the Petitioner undertakes to abide by while on bail.

Learned Additional Government Advocate appearing for the State-Opposite Party, on the other hand, opposed the release of the Petitioner on bail on the ground that in the event the Petitioner is released on bail, there is a possibility that he might be involved in similar criminal offences. Learned Additional Standing Counsel submitted that nature of allegation and the contraband used in the present case is itself a threat to the society. Therefore, he submitted that the prayer for bail of the Petitioner be rejected at this juncture.

Having heard the learned counsels appearing for the respective parties and on a careful examination of the surrounding facts and circumstances of the present case and further keeping the view the period of detention of the Petitioner in jail custody and the fact that the Petitioner does not have any similar criminal antecedent, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions.

Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.40,000/-(Rupees Forty thousand) with two local solvent sureties for the like amount to the satisfaction of the Court in seisin over the matter. Release of the Petitioner shall also subject to following conditions that:-

i) The Petitioner shall not be involved in any offence of similar nature while on bail;

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

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

iv) shall appear before the jurisdictional Police Station once in a fortnight preferably on Sunday in between 10.00 A.M. to 1 P.M. for a period of two months, thereafter once in a month till conclusion of the trial.

Violation of any of the terms and conditions shall entail cancellation of bail.

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 is having any criminal antecedent of similar nature. In the event it is found that the Petitioner is having any similar criminal antecedent, this bail order shall automatically stand revoked

The BLAPL is, accordingly, disposed of.

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