Deepak Muni @ Dipak Muni vs State Of Odisha

A.K. Mohapatra, J

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

Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State. Perused the materials placed before this Court.

This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with P.R.No.684/2023-24 corresponding to 2(a) C.C.Case No.01 of 2024 (N) pending in the Court of the learned Sessions Judge-cum-Special Judge, Berhampur, Ganjam for alleged commission of offence under Sections 20(b)(ii)C of the N.D.P.S.Act.

Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner who is a student 20 years  languishing in custody since 07.01.2024. Learned counsel for the Petitioner further contended that in the meantime enquiry has been substantially progressed and final P.R. is likely to be submitted. Further referring to the F.I.R allegation, learned counsel for the Petitioner submitted that the Petitioner was travelling in the car as a passenger. He further contended that the Petitioner has no knowledge that the driver of the vehicle has kept the contraband ganja in the dicky of the car. Once the Police party arrived at the spot and tried to stop the vehicle, the driver who has knowledge about the ganja ran away from the spot. The Petitioner was arrested at the spot as it was not within the knowledge of the contraband ganja which was in the dickey of the car. On such background no inference can be drawn to the aforesaid fact that the contraband ganja was kept in dickey of the car was within the knowledge of the Petitioner. Therefore, the learned counsel for the Petitioner disputed the recovery of ganja from the possession of the Petitioner. He also contended that the Petitioner does not have any criminal antecedents of similar nature. It is also contended that since the Petitioner belongs to the locality, there is no chance of his absconding.

Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, opposed the prayer for release of the Petitioner on bail on the ground that the investigation is still on. Further it is submitted that in the event the Petitioner is released on bail, delay would cause in conclusion of the investigation.

Having heard learned counsel for the parties, on a careful examination of the materials on record, further taking into consideration the fact that the Petitioner is a student having no criminal antecedent and since is in custody since 07.01.2024, this Court is inclined to grant bail to the Petitioner with stringent conditions and it is directed that let the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.30,000/-(Rupees Thirty thousand) with one local solvent surety for the like amount to the satisfaction of the learned court in seisin over the matter with the following terms and conditions.

I) he shall not indulge in any offence of similar nature while on bail;

II) he shall appear before the trial court on each and every date.

III) he shall appear before the concerned P.S. once in a fortnight preferably on Sunday for a period of three months and thereafter once in a month till conclusion of trial.

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

Further, the release of the Petitioner shall also be subject to the verification of similar nature of criminal antecedent of the Petitioner by the learned Court below. In the event, it is found that the Petitioner has any criminal antecedent of similar nature then the bail order shall not be given effect to.

BLAPL is accordingly disposed of.

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