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Judgment
14 paragraphs · 300 wordsS.S. Mishra, J
The petitioner is an accused in connection Phulbani P.S. Case No.207 of 2023 corresponding to C.T. (N) Case No.171 of 2023 for the offence under Section 20(b)(ii)(C) of the N.D.P.S. Act and Sections 279/337/338 of the IPC pending in the Court of learned Sessions Judge –cum-Special Judge, Phulbani.
The allegation in the F.I.R. is that the petitioner was carrying contraband ganja weighing of 24 Kgs. 500 grams in a Maruti car and on the way, he met with an accident. Therefore, he was apprehended by the police on 26. 12.2023.
The petitioner had approached the learned Special Judge, Phulbani praying for grant of bail. The learned Court below vide its order dated 04.01.2024 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
12.2023, 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 further conditions which are as follows:
(i) The petitioner shall cooperate with the investigation
(ii) The petitioner shall not tamper with the evidence in any manner whatsoever and
(iii) Subject to verification of similar type of antecedents of the petitioner.
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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