Kishore Debnath vs State Of Odisha

G. Satapathy, J

BLAPL No. 285 of 2023 and BLAPL No. 6650 of 2023

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Since these two bail applications of the Petitioner namely Kishore Debnath in BLAPL No. 285 of 2023 and Manindra Biswas @ Taloi in BLPAL No. 6650 of 2023, arise out of one and same case record and counsel for the parties being same, these two bail applications are heard together and disposed of by this common order with the consent of the learned counsel for the parties.

These are bail applications U/S.439 of Cr.P.C. by the petitioners for grant of bail in connection with Kalimela P.S. Case No.309 of 2022 arising out of G.R. Case No.191 of 2022 pending in the file of learned Sessions Judge-cum-Special Judge, Malkangiri, for commission of offence punishable under Section 20(b)(ii)(C), 25 & 27-A of the NDPS Act, on the allegation of transporting 25 Kgs. 200 Grams of Contraband Ganja each (all total 50Kgs. 400Grams) in two motor cycles along with co-accused persons.

Heard Mr. R.L. Pattnaik, learned counsel for the petitioners and Mr. S.R. Roul, learned ASC in the present matter and perused the record. Mr. Pattnaik submits that the petitioner Manindra Biswas @ Taloi was the pillion rider of the motor cycle Hero Super Splender driven by one Ananta Mirdha, who has already been granted bail by this Court in BLAPL No.136 of 2023 and this petitioner was implicated in this case on the basis of statement of co-accused persons, who were apprehended from the spot.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioners and keeping in view the manner and circumstance of implication of the petitioners in this case and regard being had to the pre trial detention of the petitioner Kishore Debnath since 07.12.2022 and the petitioner Manindra Biswas @ Taloi since 04.06.2023 and regard being had to the submission of charge sheet in the meanwhile and taking into account the law laid down by the Apex Court in Tofan Singh Vs. State of Tamilnadu; (2020) 80 OCR (SC) 641 for the petitioner Manindra Biswas @ Taloi and last but not the least, taking into consideration all the circumstances placed on record cumulatively including release of co-accused Ananta Mirdha & Dulal Bain on bail in BLAPL No. 136 of 2023 and BLAPL No. 221 of 2023 respectively, this Court grants bail to the petitioners.

Hence, the bail application of the petitioners stands allowed and each of the petitioner is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) only with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

(i) the petitioners shall not commit any offence while on bail,

(ii) the petitioners shall attend the trial Court on each date of posting without fail unless their attendance is dispensed with,

(iii) the petitioners shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case and

(iv) the petitioners shall report attendance before the Jurisdictional Police Station once in a week preferably on Sunday in between 10 A.M. to 12 Noon for six(06) months from the actual date of release from the custody

The I.I.C., of Jurisdictional Police Station shall not detain the petitioners unnecessarily after recording their attendance beyond the time as stipulated.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioners without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioners in future any offence under NDPS Act on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, both the BLAPLs stand disposed of.

Issue urgent certified copy of the order as per Rules.

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