Dhubaleswar Sahu vs State Of Odisha

S.K.Sahoo, J

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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

This is an application under section 439 of Cr.P.C. in connection with Turekela P.S. Case No.83 of 2021 corresponding to G.R. Case No.244 of 2021 pending in the Court of learned J.M.F.C., Kantabanji for offences punishable under sections 274/275/120-B of the Indian Penal Code.

The petitioner moved an application for bail before the Court of Addl. Sessions Judge, Kantabanji, which was rejected on 31.08.2023.

The learned counsel for the petitioner submitted that the petitioner is in judicial custody since 21.11.2023 and he has been charge-sheeted under sections 274/275/120-B/34 of the Indian Penal Code. Learned counsel further submitted that the co-accused persons, namely, Naresh Kumar Nair and Gururaj N.B. while carrying cough syrup bottles and Clonazepam tablets and one white colour plastic water jar containing some orange colour liquid substance in a vehicle were detained by the Turekela P.S. officials and they disclosed the name of one Trinath Rana, who stated to have been present in the vehicle but fled away on seeing the police party. Subsequently, during course of investigation, on the basis of the statement of co-accused Trinath Rana, the petitioner has been implicated in the case. Learned counsel further submitted that the co-accused Naresh @ Naresh Kumar Nair has been granted bail in BLAPL No.7850 of 2022 by this Court as per order dated 30.09.2022 including some other accused persons. Learned counsel further submitted that nothing has been seized from the possession of the petitioner and as such, the ingredients of the offence are not attracted and therefore, the bail application may be favourably considered.

Learned counsel for the State obtained instruction received from the Inspector in-charge of Turekela police station dated 04.04.2024 to show that apart from this case, the petitioner has got two other criminal antecedents.

Learned counsel for the petitioner has filed comprehensive affidavit relating to the status of those cases.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, since no incriminating article has been seized from the possession of the petitioner, his implication in the case is based on the confessional statement of co-accused before police, release of the co-accused on bail, the period of detention of the petitioner in judicial custody and taking into account the ratio laid down in the case of Tofan Singh -Vrs.- State of Tamil Nadu reported in (2020) 80 OCR (SC) 641, I am inclined to release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with terms and conditions as the learned Court may deem just and proper including the conditions that the petitioner shall appear before the learned trial Court on each date to which the case is posted for trial and shall not try to tamper with the prosecution evidence.

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

The BLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

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