Dulhan Khan vs State Of Odisha

S.S. Mishra, J

This is an application under Section-439 Cr.P.C.

The petitioner is the accused in connection with Padwa P.S. Case No.159 of 2023 corresponding to T.R. Case No.145 of 2023 for the offence under Section-20(b)(ii)C of the N.D.P.S. Act pending in the Court of the learned Addl. Sessions Judge-cum-Special Judge, Koraput.

The allegation against the petitioner that on 17.12.2023, the S.I. of Police along with his staff were performing patrolling duty. The police team proceeded towards Chatwa and found accused was standing with a jerry bag on the side of SH-52 road near a jungle. Seeing the police, the accused suddenly started running, throwing the jerry bag. The police apprehended him and on search, 28 kgs. of ganja was seized from him.

The petitioner had approached the learned Addl. Sessions Judge-cum-Special Judge, Koraput praying for grant of bail. The learned Court below vide its order dated 22.12.2023 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.

Learned counsel for the petitioner submits that the plea of bail of the petitioner is not pending before any other Court except the present one.

Taking into consideration the period of custody from 17.12.2023, the nature of accusation and the quantity of contraband seized, I am inclined to admit the petitioner on bail.

Hence, the petitioner be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper subject to the further condition that he shall cooperate with the investigation and shall not tamper with the evidence in any manner whatsoever and subject to verification of similar type of antecedents of the petitioner subject to further condition that the petitioner shall furnish two local sureties and shall appear before the I.I.C., Katwa Town Police Station once in every month and shall appear before the learned Court in seisin over the matter on each date posted for trial.

To allay the legitimate apprehension of the learned Public Prosecutor regarding ensuring the presence of the petitioner during trial since he belongs to a different State, additionally it is directed that one of the family members of the petitioner shall execute P.R. Bond in addition to the sureties in terms of the order of the learned Court in seisin. Learned Court below shall also obtain report on the criminal antecedent of the petitioner from Katwa Police Station, District- Purba Bardhaman, State-West Bengal. If it comes to the fore that the petitioner has any criminal antecedent, the Court below shall take into consideration the same while imposing condition.

Non-cooperation in the investigation and/or violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioner.

The BLAPL is accordingly disposed of.

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