Naga @ Sahadev Barik vs State Of Odisha

V. Narasingh, J

Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner is an accused in connection with T.R. Case No.54 of 2023 pending on the file of learned District and Sessions Judge, Khordha, at-Bhubaneswar, arising out of Bharatpur P.S. Case No.47 of 2023 for commission of offence alleged under Sections 20(b)(ii)C of the NDPS Act.

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 2nd Addl. S.J. BBSR by order dated 04.12.2023 in the aforementioned case, the present BLAPL has been filed.

This is the fourth journey of the Petitioner to this Court. Earlier the Petitioner was directed to be released on bail by order dated 04.04.2023 in BLAPL No.2445 of 2023 taking into account that the contraband seized is to the tune of 22Kgs 100gms (Ganja), subject to verification of criminal antecedent.

While considering the same, since criminal antecedent including one of similar nature came to the fore, learned Court in seisin rejected the bail application of the Petitioner.

Assailing the same, the Petitioner moved this Court in BLAPL No.5048 of 2023 and the same was rejected by order dated 02.08.2023. His further bail application i.e. BLAPL No.10552 of 2023 was rejected by order dated 07.11.2023 and while doing so, this Court had taken note of the seven criminal antecedents in paragraph-8 thereof including one under the NDPS Act.

Considering the submission of the learned counsel for the Petitioner that there is no progress in trial, a status report was called for from the learned Court in seisin. On perusal of the same, it is seen that the case is pending framing of charge awaiting receipt of chemical examination report.

Learned counsel for the State opposes the prayer for bail in view of the bar contained under Section 37(1)(b)(ii) of NDPS Act and relying on the order of the Apex Court in the case of State by the Inspector of Police vs. B. Ramu arising out of SLP(Crl.) No(s).8137 of 2022 submits that since charge sheet has already been filed prima facie case is made out. Hence, the Petitioner ought not to be released on bail.

There is sufficient force in the submission of the learned counsel for the State opposing the prayer for bail but taking into account that in the case at hand, CE report has not been filed for which the case is not progressing, 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 twice every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the learned Court in seisin. Violation shall entail cancellation in accordance with law.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted as per rule.

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