Lipu @ Mithun Mallick vs State Of Orissa

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 T.R. No.-92/2024, arising out of infocity P.S. Case No.-80 of 2024, pending in the Court of learned District and Sessions Judge, Khurda, Bhubaneswar for alleged commission of offence punishable under Sections 21(b) 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 23.02.2024. Further contended that the investigation has been progressed substantially. It is also contended by the learned counsel for the Petitioner that keeping in view the quantity of brown sugar seized, i.e., 5.20 gms., was recovered from the exclusive and conscious possession of the Petitioner, which is less than the commercial quantity, a bar under Section 37 of the N.D.P.S. Act is not attracted. He further submitted that the Petitioner is having one similar criminal antecedent. It was contended that the Petitioner belongs to locality and 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 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 period of detention of the Petitioner in jail custody and the fact that the Petitioner is having one similar criminal antecedent, 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.30,000/-(Rupees Thirty thousand) with one local solvent surety 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 criminal offences while on bail;

II) shall appear before the concerned Police Station once in a fortnight preferably on ‘Sunday’ in between 10.00 A.M. to 1.00 P.M. for a period of two months, thereafter once in a month till conclusion of the trial;

III) shall appear before the I.O. as and when his presence is required; and

IV) shall appear before the Trial Court on each and every date fixed without fail.

Violation of any other conditions shall entail the cancellation of the bail application.

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 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.

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

The BLAPL is, accordingly, disposed of.

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