Janaki Ballabha Bharimalla 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 T.R. No.643 of 2023, arising out of Maitri Vihar P.S. Case No.398 of 2023 dtd.11.12.2023, pending in the Court of learned District & Sessions Judge-cum-Special Judge, Khordha, Bhubaneswar for alleged commission of offences punishable under Sections 21(b) 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. He further submitted that the Petitioner is in custody since 11.12.2023. He further submitted that investigation has been concluded and the final P.R. has been submitted on 06.02.2024. Further, referring to the P.R. the quantity of brown sugar seized, i.e., 3.5 gms., which is recovered from the conscious & exclusive possession of the Petitioner, which is less than the commercial quantity, a bar under Section 37 of the N.D.P.S. Act is not attracted to the facts of the present case. He further contended that the Petitioner is having one similar criminal antecedent. However, in that case there was no allegation of contraband articles were not recovered from the possession of the Petitioner and the Petitioner has already been released on bail. He further contended that the Petitioner is a young man and he has been falsely implicated in this case. On such ground, it is submitted by the learned counsel for the Petitioner that the Petitioner be released on bail on any terms and condition which he shall abide by while on bail.

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 article 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 at this juncture.

Considering the submissions made by the learned counsels appearing for the respective parties and on a careful examination of the materials on record as well as the fact that the seized quantity of contraband article being the less than the commercial quantity, the bar under Section 37 of the N.D.P.S. Act would not be attracted to the facts of the present case, this Court is inclined to release the Petitioner on bail on stringent conditions.

Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.30,000/-(Rupees Thirty 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 the following terms and 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;

IV. he shall appear before the concerned Police Station once in a week preferably on ‘Sunday’ in between 10.00 A.M. to 1 P.M. for a period of one month, thereafter once in a fortnight for a period of two months, thereafter once in a month till conclusion of the trial; and

V. he 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.

The BLAPL is, accordingly, disposed of.

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