Debasis Das vs State Of Odisha

G. Satapathy, J

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

This is an application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with 2(a) CC Case No. 100 of 2022 arising out of EI&EB Unit-2 Excise PR Case No. 520 of 2022 pending in the file of learned 3rd Additional Sessions Judge, Cuttack for commission of offences punishable under Section 21(b) of NDPS Act, on the allegation of possessing 210 grams of Heroin.

Mr.S.Mitra, learned counsel for the petitioner submits that the petitioner is the first time offender and he has already been detained in custody for near about six months and the petitioner, therefore, may kindly be granted bail.

Mr.S.S.Pradhan, learned AGA, however, strongly opposes the bail application of the petitioner by submitting inter alia that there is enough material to find out prima facie case against the present petitioner.

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 materials placed on record and regard being had to the pre trial detention of the petitioner since 17.12.2022 and no criminal antecedent of similar nature of the petitioner has been brought to the notice of the Court by the State and taking into account the other circumstance on record in entirety, this Court admits the petitioner to bail.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties each 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 and

(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case and that

(iv) the petitioner shall report attendance before the EI & EB Unit-2 Excise Station, Cuttack once in a week preferably on Sunday of every month in between 10 A.M. to 12 Noon for six(06) months from the actual date of release from the custody.

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 for 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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