Pratap Kumar Rout vs State Of Orissa

Savitri Ratho, J

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

This is the second successive bail application U/S. 439 of Cr.P.C. by the petitioner for grant of bail in connection with Special 2(a) CC Case No.133 of 2023 arising out of OIC, Excise Station, Banki P.R. Case No.102 of 2023-24 pending in the file of learned 2nd Additional Sessions Judge, Cuttack, for commission of offences punishable under Sections 21(b) of NDPS Act, on the allegation of possessing 105 grams of brown sugar (heroine).

Mr. A. Pattanaik, learned counsel for the petitioner by filing in the Court today an affidavit stated to be sworn in by the wife of the petitioner, which is taken on record, submits that this is the second bail application of the petitioner and no bail application of the petitioner is pending before any other forum. Mr. Pattanaik further submits that the petitioner is in custody since 11.09.2023 and the quantity seized in this case is less than the commercial quantity and, therefore, the rigors of Section 37 of NDPS Act would not be attracted in this case to refuse bail to the petitioner. Accordingly, he prays to grant bail to the petitioner.

On the contrary, Mr. S.S.Pradhan, learned AGA, however, opposes the bail application of the petitioner by inter alia contending that since the petitioner was found in possession of brown sugar, he should not be released on bail.

After having considered the rival submissions and taking into consideration the nature and gravity of offences, as also the accusation sought to be brought against the petitioner and regard being had to the pre trial detention of the petitioner in this case and taking into account the stage of trial of this case and failure of the State to report any criminal antecedent against the petitioner, this Court without expressing any opinion on the merits of this case, grants bail to the petitioner.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only 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. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law,

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

(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on 2nd Sunday of each month in between 10 A.M. to 12 Noon for three (03) months from the actual date of release from the custody.

The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his 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 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 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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