Elabanta Patra vs State Of Orissa

A.K. Mohapatra, J

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

Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the materials placed before this Court.

The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with C.T.(N) No.120 of 2023, arising out of Gochhapada P.S. Case No.152 of 2023, pending in the Court of learned Special Judge, Phulbani, for alleged commission of offence punishable under Section 20(b)(ii)(C) of the N.D.P.S. Act.

It is submitted by the learned counsel for the Petitioner that earlier this matter was not before any other Bench of this Court. She further submitted that the Petitioner is languishing in custody since 29.09.2023. She further contended that in the meantime, investigation has been concluded and preliminary charge sheet has been. Learned counsel for the Petitioner further contended that as per allegation made in the prosecution report, the alleged contraband Ganja measuring 203 Kgs. were recovered from the road side of a public road near Kenduguda Ghati. She further contended that the Petitioner was standing nearby to his two wheeler, has been arrested on the basis of suspicion. She further contended that the Petitioner has been falsely implicated in the present case. She further contended that the Petitioner does not have similar criminal antecedent. She also contended that one of the co-accused, namely, Santosh Dishri has already been released on bail vide order dated 18.04.2024 passed by this Court in BLAPL No.2613 of 2024. She further contended that the Petitioner stands in similar footing with the above named co-accused and both were arrested in connection with the same case and on the very same day. On such ground, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and conditions that would be deemed just and proper by this Court.

Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, opposed the release of the Petitioner on bail on the ground that allegations made against the Petitioner are serious in nature. He further submitted that the cases of illegal transportation of contraband Ganja are on rise in State of Odisha now-a-days. Therefore, no leniency should be shown to the accused persons who are involved in such type of offence. In such view of the matter, it is submitted that the prayer for bail of the Petitioner be rejected.

Having heard the learned counsels appearing for the respective parties and on a careful examination of the materials on record and further keeping in view the facts and circumstances of the case under which the seizure was made, at this stage it cannot be conclusively said that the seizure was made from the exclusive and conscious possession of the present Petitioner. Thus, the bar under Section 37 of the N.D.P.S. Act would not be attracted, so far the present Petitioner is concerned. In addition to the above, taking into consideration the fact that the Petitioner is in custody since 29.09.2023 and that preliminary charge sheet has been submitted and that the Petitioner does not have any similar criminal antecedent, this Court is inclined to release the Petitioners on bail.

Hence, it is directed that the Petitioner be released on 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 Court in seisin over the matter. The release of the Petitioner shall also be subject to the following conditions:-

I) he shall not be involved in any offence of similar nature;

II) he shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever;

III) he shall not make any default in attending the court during trial on each date without fail;

IV) he shall appear before the concerned Police Station once in a fortnight preferably on ‘Sunday’ in between 10.00 A.M. to 1.00 P.M. till conclusion of the trial; and

V) they shall not leave the jurisdiction of the Court in seisin over the matter.

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

It is further directed that the bail granted to the Petitioner is subject to the condition that the court below shall verify whether the Petitioner has any criminal antecedent. In the event it is found that the Petitioner is having any criminal antecedent of similar nature, then this bail order shall automatically stand revoked.

The BLAPL is, accordingly, disposed of.

Issue urgent certified copy of this order as per Rules..

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