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Deepak Kumar Yadav And Others vs State Of Odisha

Orissa High Court · Decided on 18 August 2023 · Citation: (2023) 08 OHC CK 0119

HON’BLE JUDGES
G. Satapathy, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)(C)
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 3777 Of 2023
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Judgment

13 paragraphs · 436 words

G. Satapathy, J

1.

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

2.

This is a bail application U/S.439 of Cr.P.C. by the petitioners for grant of bail in connection with Excise Mobile, Sambalpur P.R. No. 142 of 2022-23 corresponding to T.R. Case No.13 of 2023 pending in the file of learned Sessions Judge-cum-Special Judge, (Special Court), Sambalpur for commission of offence punishable under Section 20(b)(ii)(C) of NDPS Act, on the allegation of transporting 32Kgs of Contraband Ganja in a Car.

3.

Heard Mr. B.K. Ragada, learned counsel for the petitioners and Mr. S.R. Roul, learned ASC in the present matter and perused the record.

4.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioners and keeping in view the mode and manner of implication of the Petitioners and regard being had to the pre trial detention of the petitioners since 01.02.2023 and there being no criminal antecedent of similar nature being reported against the petitioners, this Court admits the petitioners to bail.

5.

Hence, the bail application of the Petitioners stands allowed and each of the Petitioner is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/-(Rupees One Lakh) only each with two solvent sureties 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 Petitioners shall not commit any offence while on bail,

(ii) the Petitioners shall attend the trial Court on each date of posting without fail unless their attendance is dispensed with. In case the Petitioners fail without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioners for offence U/S.229-A of IPC in accordance with law,

(iii) the Petitioners shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioners 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 any offence under NDPS Act on prima facie accusations may be treated as a ground for cancellation of bail in this case.

6.

Accordingly, the BLAPL stands disposed of.

7.

Issue urgent certified copy of the order as per Rules.

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