Lucky Kumar & Another Vs State Of Orissa

G. Satapathy, J

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

This is a bail application U/S.439 of Cr.P.C. by the petitioners for grant of bail in connection with Bharatpur P.S. Case No. 445 of 2023 corresponding to T.R. No. 520 of 2023 pending before the file of learned District & Sessions Judge-cum-Special Judge, Khurda at Bhubaneswar for commission of offences punishable under Section 20(b)(ii)(C) of the NDPS Act, on the allegation of jointly transporting 21Kgs 50grams of Contraband Ganja.

Heard, Mr. A.Pattanaik, learned counsel for the Petitioners and Mrs. S.R.Sahoo, learned ASC in the matter and perused the record.

At the outset it is brought to the notice of the Court from the FIR that 11 Kgs. and 10Kgs 50 grams of Contraband Ganja were allegedly recovered from the possession of petitioner Lucky Kumar and Dushyant Kumar separately.

After having considered the rival submissions and taking into consideration the nature and gravity of accusations raised against the Petitioners and regard being had to the pre-trial detention of the petitioners in custody since 09.10.2023 with progress of investigation and taking into account the materials on record in entirety including the alleged recovery of Contraband Ganja separately from both the petitioners, this Court considers that the petitioners have made out grounds for grant of bail.

However, this Court finds some force in the submission of learned ASC that the petitioners being resident of outside State, some stringent conditions are required to be imposed upon them in case of their enlargement on bail.

Hence, the bail application of the petitioners stands allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) only with two local 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 are dispensed with. In case the Petitioners fail without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioners for offence U/S.229-A of IPC in accordance with law,

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

(iv) the Petitioners shall report attendance before the jurisdiction Police Station once in a fortnight preferably on second Sunday of each month in between 10 A.M. to 12 Noon for six (06) months from the actual date of their 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, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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