Kalu Charan Behera 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. Case No.-13/2024, arising out of S.I. of Excise District Mobile Unit, Khordha P.R. Case No.-218 of 2023-24, pending in the Court of learned 1st Addl. Sessions Judge-cum-Special Judge (NDPS) Act, Khurda for alleged commission of offence punishable under Sections 21(b) 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 16.02.2024. Further contended that in the meantime the investigation has been concluded and final P.R. has been filed on 12.04.2024. Further, allegations made in the F.I.R., the learned counsel for the Petitioner submitted that a total quantity of 41 gms. brown sugar, was recovered from the exclusive and conscious possession of the Petitioner. Further contended that the petitioner has been falsely implicated in the present case. 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 release of the Petitioner on bail on the ground that in the event the Petitioner is released on bail, there is a possibility that he might be involved in similar criminal offences. Learned Additional Standing Counsel submitted that nature of allegation and the contraband used in the present case is itself a threat to the society. 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 and further keeping the view the final P.R. has been submitted and 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, 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.35,000/-(Rupees Thirty Five 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 appear before the concerned Police Station once in a fortnight 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 month till conclusion of the trial; and

III) shall appear before the Trial Court on each and every date fixed without fail.

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

The BLAPL is, accordingly, disposed of..

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