Nisar Khan vs State Of Odisha

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 petitioner for grant of bail in connection with P.R. No.403 dated 18.03.2023 of Excise Station, Bargarh corresponding to C.T.(Special) Case No. 28 of 2023 pending in the file of learned Sessions Judge, Bargarh, for commission of offences punishable under Section 21(b) of NDPS Act on the allegation of selling 55 bottles ESKUF Cough Syrup containing 11 grams of contraband codeine phosphate.

Heard Mr.J.Sahu, learned counsel for the petitioner and Mr.S.R.Roul, learned ASC in the matter and perused the record.

After having considered the rival submissions advanced on behalf of the parties and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the manner and circumstance of implication of the present petitioner in this case and taking into consideration the other circumstance on record in entirety and regard being had to the pre-trial detention of the petitioner since 18.03.2023 without any report of any criminal antecedent against the petitioner, this Court admits the petitioner to bail.

Hence, the bail application of the petitioner is allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two 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 petitioner shall not commit any offence while on bail,

(ii) the petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with,

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

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner 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 petitioner in future for grave and serious offences 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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