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Judgment
14 paragraphs · 375 wordsV. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in 2(a)CC Case No.04 of 2023 pending on the file of learned Sessions Judge-cum-Special Judge, Cuttack for commission of the alleged offence under Section 20(b)(ii)(b) N.D.P.S. Act.
Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Sessions Judge-cum-Special Judge, Cuttack by order dated 25.01.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner is in custody since 14.1.2023 on the allegation of possessing contraband (ganja) to the tune of 12 Kg..
On instruction, it is submitted that the Petitioner has two daughters and one son. Hence, it is submitted that as investigation has progressed substantially and contraband seized is less than the commercial quantity, he may be released on bail.
Learned counsel for the State opposes the prayer for bail during currency of investigation.
Taking into account the contraband seized is less than the commercial quantity and the substantial progress in investigation, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till submission of final form. Certification of such appearance shall be submitted to the Court in seisin.
To allay the legitimate apprehension of the learned Public Prosecutor regarding ensuring the presence of the Petitioner during trial since he does not belong to the State of Odisha, additionally it is directed that one of the family members of the Petitioner shall execute the P.R bond in addition to the sureties in terms of the order of the learned Court in seisin and his criminal antecedent from P.S. Bhadreswar, Dist-Huguli, West Bengal shall also be called for.
If it comes to fore that the Petitioner has similar criminal antecedent, this order shall stand recalled.
The BLAPL thus stands disposed of.
Urgent certified copy of this order be granted as per rules.
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