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Judgment
13 paragraphs · 399 wordsG. Satapathy, J
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with District Mobile Unit, Balasore Excise Station P.R. No. 358/2022-2023 corresponding to Special Case No.89 of 2023 pending in the file of learned Special Judge, Balasore for commission of offence punishable under Section 21(b) of NDPS Act, on the allegation of possessing 120 Grams of Brown Sugar.
Heard Mr. A.R. Panda, learned counsel for the petitioner and Mrs. S.R. Sahoo, learned ASC in the present matter and perused the record.
After having considered the rival submissions and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the mode and manner of implication of the Petitioner and regard being had to the pre trial detention of the petitioner since 29.03.2023 and taking into account the other circumstance on record in entirety including no criminal antecedent being reported against the petitioner, this Court admits the petitioner to bail.
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 local 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 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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