Dushasan Deepa And Another vs State Of Odisha

G. Satapathy, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

This is an application U/S.439 of Cr.P.C. by the petitioners for grant of bail to her in connection with Special Case No.132 of 2023 arising out of Nilagiri Excise Station P.R. No.28 of 2023-24 pending in the file of learned Special Judge, Balasore, for commission of offences punishable under Section 20(b)(ii)(C) of NDPS Act, on the allegation of possessing and transporting 20.5Kgs of Contraband Ganja along with other co-accused persons in a Car.

Heard Mr. G. Behera, learned counsel for the petitioners and Mr. S.S. Pradhan, learned AGA in the present matter.

After considering the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioners and keeping in view the materials placed on record and the quantity of Contraband Ganja seized in this case from four accused persons and regard being had to the pre trial detention of the petitioners since 09.05.2023 and there being no criminal antecedent reported against the present Petitioners and taking into account the grant of bail to co-accused Sabita Mohapatra in BLAPL No. 5557 of 2023, this Court admits the petitioner to bail.

Hence, the bail application of the petitioners stands allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.50,000/-(Rupees Fifty Thousand) with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

(i) the petitioners shall not commit any offence while on bail,

(ii) the petitioners shall attend the trial Court on each date of posting without fail unless their attendance is dispensed with,

(iii) the petitioners shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case and

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioners without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioners in future for grave and serious offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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