Kanhu Behera vs State Of Odisha

S.S. Mishra, J

This is an application under Section-439 Cr.P.C.

The petitioner is the accused in connection with Bharatpur P.S. Case No.41 of 2024 corresponding to T.R. Case No.31 of 2024 for the offence under Sections- 20(b)(ii) B of the N.D.P.S. Act pending in the Court of the District & Sessions Judge, Khurda at Bhubaneswar.

The allegation against the petitioner is that on 22.01.2024, the I.I.C., Bharatpur P.S. received information that the petitioner along with another person were waiting near Barmunda Bus stand carrying 5 kg. 500 gms. of contraband ganja for transportation. The police proceeded to the spot and seized the said contraband ganja from their possession.

The petitioner had approached the learned District & Sessions Judge, Khurda at Bhubaneswar praying for grant of bail. The learned Court below vide its order dated 01.02.2024 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.

Learned counsel for the petitioner submits that the plea of bail of the petitioner is not pending before any other Court except the present one.

Taking into consideration the period of custody from 22.01.2024, the nature of accusation and the quantity of contraband seized, I am inclined to admit the petitioner on bail.

Hence, the petitioner be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper subject to the further condition that he shall cooperate with the investigation and shall not tamper with the evidence in any manner whatsoever and subject to verification of similar type of antecedents of the petitioner.

Non-cooperation in the investigation and/or violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioner.

The BLAPL is accordingly disposed of.

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