Kulamani Sahu vs State Of Odisha

A.K. Mohapatra, J

This matter is taken up through Hybrid 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 relating to Tusura P.S. Case No.132 of 2024, corresponding to special G.R. Case No.35 of 2024, pending before the learned Sessions Judge-Cum-Special Judge, Balangir, for alleged commission of offence punishable under Section 20(b)(ii)(C) of NDPS 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 19.04.2024. He further contended that the investigation has progressed substantially and the final charge-sheet is likely to be filed soon. Learned counsel for the Petitioner further contended that as per allegation of the FIR, the total quantity of 21 kg and 790 grm of contraband ganja has been recovered from the conscious and exclusive possession of the present Petitioner. It was also contended that the Petitioner has one similar criminal antecedent. He further contended that the Petitioner belongs to locality 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 counsel for the State on the other hand contended that the allegations made in the FIR are serious in nature. It was further contended that the Petitioner has one similar criminal antecedent and the investigation is still on, therefore, in the event he is released on bail he might abscond justice which might lead to delay in conclusion of trial. Learned counsel for the State opposed the release of the Petitioner in view of the nature and seriousness of allegation made against the Petitioner. Therefore, he submitted that the prayer for bail of the Petitioner be rejected at this juncture.

Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, and the period of custodial detention, this Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.30,000/-(Rupees Thirty Thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter.

It is further directed that the bail granted to the Petitioner is subject to depositing each of a cash security of Rs.5,000/- (Rupees Five Thousand) 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 release of the Petitioner shall also be subject to following conditions:-

i) he shall not be involved in any offence of similar nature while on bail;

ii) he shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever,

iii) he shall not make any default in attending the court during trial on each date without fail.

iv) he shall appear before the concerned Police Station once in a fortnight for three months, thereafter, once in a month till conclusion of the trial preferably on 'Sunday’ in between 10.00 A.M to 1.00 PM.

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

It is open for the Court in seisin over the matter to impose any other conditions as may be deemed just and proper.

It is further directed that the bail granted to the Petitioner is subject to the condition that the court below shall verify whether the Petitioner is having similar criminal antecedent. In the event it is found that the Petitioner is having more than one similar criminal antecedent, this bail order shall automatically stand revoked.

The BLAPL is, accordingly, disposed of.

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