Jitendra Bej @ Jitu vs State of Odisha

S.K. Panigrahi, J

This matter is taken up through hybrid arrangement.

Heard Mr. Siba Prasad Swain, learned counsel for the Petitioner and Mr. L. Samantaray, learned Additional Government Advocate for the State.

The Petitioner being in custody in Bhubaneswar UPD of Khandagiri P.S. Case No.607 of 2020 corresponding to TR Case No.22/388 of 2020, pending in the court of the learned 2nd Additional Sessions Judge-cum-Additional Special Judge, Bhubaneswar, registered for the alleged commission of offence under Sections 20(b)(ii)(C) of the NDPS Act, has filed this petition for his release on bail.

The allegation of the prosecution is that the contraband 'ganja' weighing 30.200 KG has been seized from the possession of the accused persons.

Learned counsel for the Petitioner submits that the petitioner has been falsely entangled in this case. Investigation has been completed and charge-sheet has also been submitted. The Petitioner is in in custody since 06.10.2020. The trial has not yet commenced nor there is a likelihood of completion of trial in near future.

Learned counsel for the State vehemently opposes the prayer for bail of the Petitioner. The contraband 'ganja' has been seized from the conscious possession of the Petitioner and he was in active connivance with the alleged crime. Hence, he submits that the prayer for bail of the Petitioner may be dismissed.

It appears that the earlier prayer for bail of the Petitioner has been rejected by this Court vide order dated 06.08.2021 passed in BLAPL No.7851 of 2020. The Petitioner is in in custody since 06.10.2020. He has been in custody since a long time without trial being commenced.

Keeping in view the aforesaid considerations, especially the period of detention without trial being commenced and there is a bleak chance of completion of trial in near future, this Court inclines to grant bail to the Petitioner.

Accordingly, it is directed that the Petitioner be released on bail with some stringent terms and conditions as deemed just and proper by the learned court in seisin over the matter with further conditions that:-

i. the petitioner shall appear before the learned trial court on each date of posting of the case;

ii. he shall not indulge in similar activities in future and

iii. he shall not tamper the evidence of the prosecution witnesses in any manner.

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

Accordingly, the BLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.