Dillip Kumar Dehury 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. for grant of bail to the petitioner in connection with Kantamal P.S. Case No.146 of 2019 corresponding to Spl. (NDPS) Case No.78 of 2019 pending in the Court of learned Sessions Judge -cum-Special Judge, Kantamal, Boudh for alleged commission of offence under section 20(b)(ii)(C) of the N.D.P.S. Act.

The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge - cum- Special Judge, Kantamal, which was rejected on 04.04.2022.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 28.08.2019 and earlier when he approached this Court for bail in BLAPL No.2065 of 2020, the bail application was rejected on merit, however, direction was given to the learned trial Court to expedite the trial and try to conclude the same within a period of six months from the date of receipt of the order and the petitioner was granted liberty to renew the prayer for bail if the trial is not concluded within the aforesaid period.

It seems that the Registry has communicated the order of this Court to the learned trial Court on 11.02.2021.

On perusal of the status report submitted by the learned trial Court dated 20.04.2023, it appears that out of twenty one charge sheeted witnesses, only three witnesses have been examined.

Learned counsel for the State, on the other hand, opposed the bail application on merit, however, he has no serious objection for grant of interim bail to the petitioner since he is a local man and submitted that he has not received the written instruction from the concerned police station about the criminal antecedent of similar nature, if any, against the petitioner.

Considering the submissions made by the learned counsel for the respective parties, the progress of trial so far and the period of detention of the petitioner in judicial custody, since the earlier order passed by this Court to conclude the trial within a specified period has not been complied with, while not inclining to release the petitioner on bail on merit, I am inclined to release the petitioner on interim bail for a period of three months from the date of release. The petitioner shall surrender before the learned trial Court immediately on expiry of the three months period.

For the above period, let the petitioner be released on interim bail in the aforesaid case on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper including the conditions that he shall not indulge in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial during the interim bail period.

Before accepting the bail bonds, the learned trial Court shall obtain instruction about the criminal antecedent of similar nature, if any, against the petitioner through the Inspector in-charge of Kantamal police station and if it is found that there are no criminal antecedents of similar nature against the petitioner, then only, the bail bonds shall be accepted.

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

Accordingly, the BLAPL is disposed of.

Issue urgent certified copy as per Rules.

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