Kumbhakarna Saura 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 Petitioners and learned Additional Government Advocate 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 Petitioners for regular bail in connection with T.R. Case No.08 of 2024, arising out of Baipariguda P.S. Case No.16 of 2024, pending in the Court of learned Sessions Judge-cum-Special Judge, Koraput at Jeypore, for alleged commission of offence punishable under Section 20(b)(ii)(C) of N.D.P.S. Act.

It is submitted by the learned counsel for the Petitioners that earlier this matter was not before any other Bench of this Court. He further submitted that the Petitioners are in jail custody since 17.01.2024. He further submitted that the investigation has progressed substantially. Further, referring to the allegation made in the F.I.R., learned counsel for the Petitioners submitted that a total quantity of 50 Kgs. 800 Grmas of contraband Ganja was recovered from the possession of the accused persons. He further submitted that a seizure was made from two different Scooties each approximately of 25 Kgs. So far the present Petitioners are concerned, a total quantity of 25 Kgs. 200 Grams was recovered from their possession. Learned counsel for the Petitioners further contended that the Petitioners have been falsely implicated in the present case. It was also contended that the Petitioners do not have any similar criminal antecedent. He further contended that the Petitioners belong to the locality, therefore, there is no chance of their absconding. On such ground, learned counsel for the Petitioners submitted that the Petitioners be released on bail on such terms and conditions that would be imposed by this Court which the Petitioners shall abide by while on bail.

Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, opposed the release of the Petitioners on bail on the ground that allegations made against the Petitioner are serious in nature. He further submitted that investigation is still on. Therefore, the release of the Petitioners at this stage would eventually cause delay in conclusion of the investigation. He further submitted that the cases of illegal transportation of contraband Ganja are on rise in State of Odisha now-a-days. Therefore, he submitted that the prayer for bail of the Petitioners be rejected at this juncture.

Having heard the learned counsels appearing for the respective parties and upon a conspectus of the surrounding facts and circumstances involved in the present bail application and the fact that the Petitioners do not have any criminal antecedent and further taking into consideration the period of custodial detention, this Court is inclined to release the Petitioners on bail.

Hence, it is directed that the Petitioners be released on bail in the aforesaid case on furnishing bail bond of Rs.30,000/-(Rupees thirty thousand) each with two local solvent sureties for the like amount to the satisfaction of the Court in seisin over the matter. The release of the Petitioners shall also be subject to such other terms and conditions that would be imposed by the Court in seisin over the matter. Violation of any of the aforesaid terms and conditions shall entail cancellation of bail.

It is further directed that the bail granted to the Petitioners is subject to the condition that the court below shall verify whether the Petitioners have any criminal antecedent of similar nature. In the event it is found that the Petitioners are having any criminal antecedent of similar nature, then this bail order shall automatically stand revoked.

The BLAPL is, accordingly, disposed of.

Issue urgent certified copy of this order as per Rules.

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