Dillip Kumar Behera Vs State Of Odisha

Savitri Ratho, J

This application under Section 439 of Cr.P.C. has been filed in connection with Tamando P.S. Case No. 215 of 2023 corresponding to T.R. Case No. 425 of 2023 pending in the court of the learned District & Sessions Judge, Khurda at Bhubaneswar registered under Sections 20(c) /29 of the NDPS Act.

The prayer for bail of the petitioner alongwith 09 others has been rejected vide order dated 04.01.2024 passed by the learned District & Sessions Judge, Khurda at Bhubaneswar.

The prosecution case in brief against the petitioner is that on 15.08.2023 at about 4.00 P.M., on receiving reliable information that co-accused Deepak Kumar Behera was standing near Nilakantheswar Temple, Kalinga Vihar to deliver a huge quantity of brown sugar to the general public, the informant went to the spot and detained the accused. During search, 280 grams of brown sugar were recovered from his conscious possession. On interrogation, co-accused Deepak Kumar Behera stated that he has engaged the present petitioner- Raja Pattanaik, co-accused Papu Nayak @ Alex Papu, Soubhagya Sahoo @ Chakuli, Rabi Nayak, Sulei Nayak, Dillip Kumar Behera @ Jay Nanda, Mania Nayak, Ansari Bibi, Bicky Pattanaik, Tofan Nayak, Sonu Pattanaik, Santanu Nayak and Aju @ Ajay Mohanty to sell drugs in Bhubaneswar city. He also confessed that he is financing these people for selling, transporting and distributing brown sugar in the city and that he had kept the brown sugar for selling to general people and different customers and he is in the habit of doing this business and previously he has sold brown sugar along with the other accused persons in Bhubaneswar city. On weighment, the weight of the brown sugar came to 280 grams and after drawing a sample, the brown sugar was seized and the co-accused Deepak Kumar Behera was arrested. The present petitioner has been arrested on 18.12.2023.

Mr.R.K.Mallick, learned counsel for the petitioner submits that the petitioner is in custody since 19.08.2023 and he has one antecedent, i.e., Lingaraj P.S. Case No.228 of 2020 under Section 21 (b) of the NDPS Act. He is a cancer patient and still undergoing treatment. Nothing incriminating has been seized from him. The co-accused, standing on similar footing has been released on bail by this Court.

Mr.S.S.Pradhan, learned Addl. Government Advocate opposes the prayer for bail stating that as the petitioner has one criminal antecedent, there are chances of his committing similar offence, if he is released on bail.

Report dated 03.02.2024 has been received by Mr.S.S.Pradhan, learned Addl. Government Advocate from the Sub-Inspector of Police, Tamando Police Station who is the I.O. who has stated that the petitioner was earlier under treatment at Acharya Harihara Cancer Institute, Cuttack for large B Cell Lymphoma and is presently being treated at Capital Hospital and S.C.B. Medical College & Hospital, Cuttack.

Considering the nature of implication of the petitioner (confession of co-accused) and as he is sufficing from large B Cell Lymphoma and is under treatment and brown sugar has not been seized from his possession and the co-accused persons standing on similar footing have been released on bail, even though the petitioner has one criminal antecedent under Section 21 (b) of the NDPS Act, I am inclined to allow the prayer for bail.

The petitioner- Dillip Kumar Behera shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, after verification that he has only one criminal antecedent, i.e., Lingaraj P.S. Case No.228 of 2020, including the following conditions :

(i) He will not indulge in any criminal activity while on bail.

(ii) He will not tamper or try to influence prosecution witnesses while on bail.

(iii) He will cooperate with investigation.

(iv) He will remain present in the trial Court on each date it if fixed for trial unless his appearance is dispensed with by the learned trial Court under Section 317 Cr.P.C. on any particular day.

Violation of any condition will entail in cancellation of bail/ recall of this order.

The BLAPL is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

Copy of this order be supplied to Mr. S.S.Pradhan, learned Additional Government Advocate for onward transmission to the IIC, Tamando Police Station.

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