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Deepak Kumar @ Deepak vs State Of Odisha

Orissa High Court · Decided on 8 September 2023 · Citation: (2023) 09 OHC CK 0045

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)(B)
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 9423 Of 2023
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Judgment

14 paragraphs · 360 words

V. Narasingh, J

1.

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

2.

The petitioner is an accused in connection with T.R. Case No.72 of 2022, pending in the Court of learned Sessions Judge-cum-Special Judge, Koraput-Jeypore arising out of Jeypore Range P.R. No.92 of 2022-23, for alleged commission of offences under Section 20(b)(ii)(B) of the N.D.P.S. Act.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Special Judge, Koraput-Jeypore by order dated 02.02.2023 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the petitioner is in custody since 30.11.2022 on the accusation of possessing contraband to the tune of 16Kgs 800gms (Ganja).

5.

Referring to the order of rejection, it is stated by the learned counsel for the petitioner that final P.R. has been submitted in the meanwhile.

6.

Learned counsel for the State opposes the prayer for bail inter alia on the ground that since the petitioner does not reside within the territorial jurisdiction of the learned Court in seisin, it would be difficult to ensure his presence during the trial.

7.

Considering that the contraband seized is less than the commercial quantity and the period of custody, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

8.

Additionally, it is directed that the petitioner shall appear before the jurisdictional police station once every week till conclusion of trial. Certification of such appearance shall be submitted to the learned Court in seisin.

9.

It is further directed that in addition to the sureties so fixed, one surety shall be immediate member of the family, who shall execute a P.R. bond.

10.

Before releasing the petitioner, learned Court in seisin is called upon to verify criminal antecedent from his parent police station i.e. P.S.-Jagadishpura, Dist-Agra, State-Uttar Pradesh. If it comes to the fore that the petitioner has any criminal antecedent, this order shall stand recalled.

11.

Accordingly, the BLAPL stands disposed of.

12.

Urgent certified copy of this order be granted as per rule.

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