Chandra Sekhar Patra vs State Of Orissa

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 G.R. Case No.3 of 2024 corresponding to Baripada Town P.S. Case No.29 of 2024, pending in the Court of learned Special Judge-cum-Sessions Judge, Baripada, Mayurbhanj for alleged commission of offence punishable under Sections 21(b)/25 of the N.D.P.S. Act.

Learned counsel for the Petitioner submits that earlier this matter was not before any of the bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 15.01.2024. He further contended that the investigation has progressed substantially in the meantime and final P.R. is likely to be filed very soon. Referring to allegation made in the F.I.R., learned counsel for the petitioner contended that the petitioner was travelling with another person by a bike. However, the police party intervened and stopped the bike and they have recovered total of 7.49gms of brown sugar from the possession of the other co-accused. So far the petitioner is concerned, learned counsel for the petitioner submitted that nothing was recovered from exclusive and conscious possession of the present petitioner. He further submitted that the Petitioner has one similar criminal antecedent. 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 he shall abide by abide by while on bail.

Learned Additional Standing Counsel 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 considering the nature of allegation and the contraband used in the present case, the release of the petitioner would be 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.30,000/-(Rupees Thirty thousand) with one local solvent surety for the like amount to the satisfaction of the Court in seisin over the matter. The release of the Petitioner shall also be subject to the following conditions:-

I) He shall appear before the concerned police station once in a fortnight for a period of two months and thereafter once in a month till conclusion of the trial;

II) He shall not indulge in similar criminal activities while on bail;

III) He shall cooperate with the investigation and shall appear before the I.O. as and when his presence is required by the I.O. for the purpose of investigation; and

IV) He shall appear before the trial court on each and every date of posting of the case.

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

Further, the release of the Petitioner shall also be subject to furnishing a cash security of Rs.5,000/- (Rupees five thousand) before the Court in seisin over the matter which shall be kept in interest bearing fixed deposit account in the name of the court in any nationalized bank and renewed from time to time till disposal of the case. The said deposit shall be subject to the final outcome of the trial.

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 more than one similar criminal antecedent, then this bail order shall automatically stand revoked.

The BLAPL is, accordingly, disposed of.

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