Mukesh Kumar Bhanja And Others vs State Of Orissa

G. Satapathy, J

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

This is an application U/S.439 of Cr.P.C. by the petitioners for grant of bail in connection with Spl. G.R. (NDPS) Case No.19 of 2023 arising out of Korei P.S. Case No.71 of 2023 pending in the file of learned Addl. Sessions Judge-cum-Special Judge, Jajpur Road, for commission of offences punishable under Section 20(b)(ii)(C) of NDPS Act, on the allegation of transporting 25Kgs of Contraband Ganja in a Car.

Heard Mr. A. Mishra, learned counsel for the petitioners and Mr. S.S. Pradhan, learned AGA in the present matter and perused the record.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioners and keeping in view the manner and circumstance of implication of the petitioners in this case and regard being had to the pre trial detention of the petitioners since 22.03.2023 with submission of charge-sheet and there being no criminal antecedent reported against the present petitioners and taking into account the other circumstance on record in entirety, this Court admits the petitioners to 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) each with two solvent sureties 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 is dispensed with,

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

(iv) the petitioners shall report attendance before the Jurisdictional Police Station once in a week preferably on Sunday in between 10 A.M. to 12 Noon for six(06) months from the date of his actual 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, however, 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 for any offence under NDPS Act on prima facie accusations may be treated as a ground for cancellation of bail in this case. Violation of any of the conditions would be taken as a misuse of concession of bail granted to the petitioner today by this Court.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules..

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