Keshab Raita vs State Of Odisha

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 G.R. Case No.27(A) /2021, arising out of Mohana P.S. Case No.25/2021, pending in the Court of learned Special Judge-cum- District Sessions Judge, Gajapati, Paralakhemundi for alleged commission of offence punishable under Sections 25/29 and 20(b)(ii)(C) 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 30.04.2024. Learned counsel for the Petitioner submitted that occurrence took place on 23.01.2021. Further, allegations made in the F.I.R., the learned counsel for the Petitioner submitted that a total quantity of 61 kgs 600 gms. of ganja, was recovered from the vehicle which is registered in the name of the present petitioner. He further contended that the investigation has been concluded and charge sheet has been filed on 01.11.2021. He further contended that two co-accused persons, namely, Sudhir Kumar Ray in BLAPL No.7352 of 2021 and Ranjan Kumar in BLAPL No.7353 of 2021 on 21.03.2022 have already been released on bail. So far the present petitioner is concerned, it is submitted that he has been taken into custody on 30.04.2024. He further submitted that the Petitioner is having two similar criminal antecedents which is less than commercial quantity. 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 fact that the two co-accused persons have already been released on bail, 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 similar nature of offence.

ii) shall appear before the trial court on each and every date and shall cooperate the trial court for early conclusion of trial.

iii) shall not tamper with the prosecution evidence and shall not make any attempt to influence or threaten the witnesses.

iv) shall provide his address as well as his phone number to the concerned Police Station and keep the same updated in the event the same is changed in future.

v) shall appear before the concerned Police Station once in a week preferably on Sunday between 10 to 1 P.M. till conclusion of trial.

vi) Violation of any of the terms and conditions shall entail cancellation of bail.

It is further directed that the bail granted to the Petitioner is subject to depositing a cash security of Rs.5,000/- (Rupees Five Thousands) of before the learned Court in seisin over the matter, which shall be kept in any Nationalized bank in interest bearing account initially for a period of one year which will be renewable from time to time till conclusion of trial and the same shall be abide by the final outcome of the trial of the case.

The BLAPL is, accordingly, disposed of.

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

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