Dipan Sahu @ Depankar Sahu vs State Of Odisha

Savitri Ratho, J

BLAPL No. 14063 of 2023 & I.A. No. 1657 of 2023

The application under Section 439 of Cr.P.C. has been filed for grant of bail to the petitioner in connection with Puintala P.S. Case No. 199 of 2023 corresponding to Special G.R. Case No. 74 of 2023 pending in the Court of the learned Special Judge, Bolangir under Section 20(b)(ii)(C) of NDPS Act.

This I.A. has been filed for releasing the petitioner Dipan Sahu @ Depankar Sahu on interim bail to enable him to appear in his 5th Semester and theory examination.

The prayer for bail of the petitioner has been rejected on 09.10.2023 by the learned Addl. Sessions Judge, Bolangir. Thereafter, he had moved an application for releasing him on interim bail in order to enable him to appear in the 5th Semester Examination which is scheduled to be held in two phases-practical examination from 18.12.2023 to 23. 12.2023 and theory examination from 03.01.2024 to 13.01.2024, but his prayer for bail has been rejected by the learned Court below by order dated 06.12.2023.

Mr. G. Banji, learned counsel for the petitioner submits that the petitioner has no criminal antecedents and is in custody since 09.09.2023. He is a student of Civil Engineering of 5th Semester Diploma Course in Sushree Institute of Technical Education (SITE) and his exam is scheduled to be held in two batches-practical examination from 18.12.2023 to 23.12.2023 and theory examination from 03.01.2024 to 13. 01.2024. He had filled up his examination form when he was in custody. If he is not allowed to appear in the examination, he will lose one year.

Ms. S. Mishra, learned Addl. Standing Counsel for the State has obtained instructions from Sushree Institute of Technical Education Sadeipali, Bolangir and submits that the petitioner is a student of 5th Semester. His practical examination are scheduled to be held on 21st and 22nd December, 2023 and the theory papers in which the petitioner has to appear are scheduled to be held on 3rd January, 2024, 5th  January, 2024, 8th January, 2024, 10th January, 2024 and 12th January, 2024. The instructions are taken on record.

Considering the submission that the petitioner who is a student of Civil Engineering, wants to appear in his 5th Semester examination, I am inclined to release him on interim bail for a period of 4 (four) weeks till 14.01.2024. The petitioner shall surrender before the Court below on or before 15.01.2024 positively.

The petitioner Dipan Sahu @ Depankar Sahu shall be released on interim bail for a period of two weeks on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, including the following conditions :

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

(ii) He will not threaten or try to influence prosecution witnesses or tamper with prosecution case.

(iii) The petitioner shall surrender before the learned trial court after expiry of the period of interim bail on 15.01.2024.

(iv) He shall report before the I.I.C., Puintala Police Station on 24.12.2023, 30.12.2023 and on 09.01.2024 between 1.00 p.m. to 2.00 p.m.

Violation of any condition will entail in cancellation of interim bail.

The BLAPL and I.A. are accordingly disposed of.

Urgent certified copy of this order be granted on proper application in course of the day.

A copy of this order be supplied to Ms. S. Mishra, learned Addl. Standing Counsel for onward transmission to the I.I.C., Puintala Police Station..

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