Prince Kumar 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 2(a) C.C. Case No.42 of 2022, pending in the file of learned 1st Additional Sessions Judge, Cuttack arising out of Cuttack Unit-II EI & EB Excise P.R. Case No.224 of 2022-23 for alleged commission of offences under Sections 20(b)(ii)(C) of the NDPS Act.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 1st Additional Sessions Judge, Cuttack by order dated 06.03.2022 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the petitioner is in custody since 18.07.2022 on the accusation of possessing contraband to the tune of 52Kgs (Ganja).

It is stated by the learned counsel for the petitioner that since charge sheet has been filed on 05.01.2023 and as the petitioner is the first offender, he may be released on bail.

Learned counsel for the State opposes the prayer for bail in view of the bar under Section 37 of the NDPS Act and also on the ground that since the petitioner does not reside within the territorial jurisdiction of the learned Court in seisin, it would be difficult to ensure his presence during the trial.

Learned counsel for the petitioner also relies on the order dated 30.06.2023 passed in BLAPL No.2883 of 2023 in respect of the co-accused, namely, Ram Babu Mahto and seeks release inter alia on the ground of parity.

Taking into account the filing of the charge sheet and the submission made at the bar that the petitioner is the first offender and keeping in view that there is bleak chance of early trial and release of the co-accused, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin so as to ensure his presence on each date of trial.

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 conclusion of trial. Certification of such appearance shall be submitted to the learned Court in seisin.

It is further directed that in addition to the sureties so fixed, one surety shall be immediate member of the family, who shall execute a P.R. bond.

Before releasing the petitioner on bail, learned Court in seisin is called upon to obtain instruction from his parent police station i.e. PO/PS: Teghra, Dist-Begusarai, State-Bihar regarding the criminal antecedent of the petitioner. If it comes to the fore that the petitioner has any criminal antecedent, this order shall stand recalled.

Accordingly, the BLAPL stands disposed of.

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

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