Dambaru Pradhan vs State Of Odisha

S.K. Sahoo, J

This matter is taken up by video conferencing mode

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

This is an application under section 439 of Cr.P.C. in connection with T.R. Case No.13 of 2020 arising out of Charmal P.S. Case No.89 of 2020

pending in the Court of learned Sessions Judge -cum- Judge (Special Court), Sambalpur for offence punishable under section 20(b)(ii)(C) of the

N.D.P.S. Act.

The petitioners moved an application for bail before the Court of learned Sessions Judge -cum-Judge (Special Court), Sambalpur which was

rejected on 25.11.2020

Learned counsel for the petitioners submits that the petitioners are in judicial custody since 15.11.2020 and the first information report was lodged

on 31.05.2020 before the Inspector in-charge of Charmal Police Station by the S.I. of Police, Charmal Police Station against the rider of two motor

cycles, who were found in the jungle and contraband ganja was found in two gunny bags in those motor cycles and after registration of the case under

section 20(b)(ii)(C) of the N.D.P.S. Act, during the course of investigation, co-accused Upendra Pradhan, who happens to be the owner of one of the

motor cycles, was arrested and basing on his confessional statement before the police, the petitioners were arrayed as an accused in the case and

nothing incriminating has been seized from the possession of the petitioners. He further submitted that the co-accused Upendra Pradhan has been

released on bail by this Court in BLAPL No.9514 of 2020 vide order dated 22.06.2021 and other co-accused namely Alekh Bhoi has also been

released on bail by this Court in BLAPL No.665 of 2021 vide order dated 27.04.2021 and he has filed the copies of the bail orders which are taken on

record and therefore, the bail application may be favourably considered.

Learned counsel for the State opposed the prayer for bail.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioners, since the

involvement of the petitioners in the case is based on the confessional statement of the co-accused and nothing incriminating has been seized from the

possession of the petitioners, keeping in view the ratio laid down by the Hon’ble Supreme Court in the case of Tofan Singh -Vrs.- State of Tamil

Nadu, reported in (2020) 80 OCR (SC) 641, taking into account the provision under section 37 of the N.D.P.S. Act, release of the co-accused persons

on bail and the period of detention of the petitioners in judicial custody, I am inclined to release the petitioners on bail.

Let the petitioners be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) each with two local

solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions that the petitioner

shall appear before the learned trial Court on each date to which the case would be posted for trial.

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

The BLAPL is accordingly disposed of.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order

available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide

Court’s Notice No. 4587 dated 25th March 2020 as modified by Court’s Notice No. 4798 dated 15th April 2021.

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