Jagabandhu Dash vs State Of Odisha

A.K. Mohapatra, J

This matter is taken up through Hybrid 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 T.R. Case No.-56/2024, arising out Special Crime Unit P.S. Case No. 02 dated 06.02.2024, pending in the Court of learned Sessions Judge, Khurda for alleged commission of offence punishable under Sections 21(C)/29 of the N.D.P.S. Act.

Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 06.02.2024. Further contended that in the meantime the investigation must have been progressed substantially. Further, allegations made in the F.I.R., the learned counsel for the Petitioner submitted that a total quantity of 400 gms. Brown Sugar was recovered from the two-accused persons. So far the present Petitioner is concerned, it was specifically alleged that a total quantity of 200 gms. Brown Sugar was recovered from the possession of the Petitioner. Further contended that the petitioner has been falsely implicated in the present case. Further contented that contraband articles seized from the Petitioner, a bar under Section 37 of the N.D.P.S. Act is not attracted. He further submitted that the Petitioner does not have any similar criminal antecedent. It was contended that the Petitioner belongs to locality and there is no chance of absconding. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and condition which the Petitioner undertakes to abide by while on bail.

Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, opposed the releases of the Petitioner on bail on the ground that contraband articles recovered from the possession of the Petitioner. Further, contended that investigation is still on-going and the final P.R. has not been filed as of now. Further contended that in the event the Petitioner is released on bail, there is a possibility that not only the same would cause delay in conclusion of the investigation but also in conclusion of the trial and there is every likelihood that the Petitioner may not cooperate with conclusion of the trial. Therefore, he submitted that the prayer for bail of the Petitioner be rejected at this juncture.

Having heard the learned counsels appearing for the respective parties and on a careful examination of the surrounding facts and circumstances of the present case, further the contraband articles which was recovered from the Petitioner is less than the commercial quantity, a bar under Section 37 of the N.D.P.S. Act is not attracted and the fact that the Petitioner does not have any similar criminal antecedent, therefore, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions.

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 subject to the following terms and conditions:

I) he shall not indulge in criminal offences while on bail;

II) shall cooperate with the investigation and appear before the I.O. as and when his presence is required and shall cooperate with the early conclusion of the investigation;

III) shall appear before the concerned Police Station once in a week preferably on ‘Sunday’ in between 10.00 A.M. to 1.00 P.M. for a period of three months and, thereafter, once in a fortnight for a period of three months, thereafter, once in a month till conclusion of the trial;

IV) shall appear before the Trial Court on each and every date fixed without fail; and

V) shall not leave the jurisdiction of the trial court without prior permission of the trial court.

Violation of any other conditions shall entail the cancellation of the bail application.

It is further directed that the bail granted to the Petitioner be subject to the condition that the court below shall verify the similar criminal antecedent of the Petitioner. In the event the Petitioner is having any similar criminal antecedent under the offences of NDPS Act, this bail order shall automatically stand revoked.

The BLAPL is, accordingly, disposed of.

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