Rabindra Kumar Pradhan vs State Of Odisha

A.K. Mohapatra, J

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

Heard learned counsel for the Petitioner as well as learned Additional Government Advocate for the State. Perused the materials placed before this Court.

This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Sarangada P.S.Case No.40 of 2024 corresponding to C.T.Case No.95 of 2024 pending in the Court of the learned Special Judge-cum-Additional District & Sessions Judge, Baliguda for alleged commission of offence under Section 20(b)(ii)B of NDPS Act.

It is submitted by the learned counsel for the Petitioner that the Petitioner was earlier released on bail in BLAPL No.3847 of 2024. He further contended that the release of the Petitioner was subject to the verification of his criminal antecedent at the time of release on bail. The Petitioner has one more criminal antecedent of similar nature in which he has already been enlarged on bail. On such ground since this Court has already released the Petitioner on bail in the earlier bail application, the Petitioner be released on bail in the present case subject to any terms and conditions which the Petitioner shall abide by.

Learned Additional Government Advocate for the State on the other hand objected to the release of the Petitioner on bail on the ground that the Petitioner has similar criminal antecedent. He also contended that in the event the Petitioner is released on bail, there is every chance of his indulgence in similar nature of crime.

Having heard learned counsels for the respective parties and on careful examination of the materials on record further taking into consideration the order passed in the earlier bail application, this Court is inclined to grant bail to the Petitioner and it is directed that the let the Petitioner be released on bail on such terms and conditions that was fixed in order dated 30.04.2024 passed in BLAPL No.3847 of 2024.

Additionally, the Petitioner shall furnish a cash security of Rs.5,000/- (Rupees Five thousand) before the Court in seisin over the matter which shall be kept in interest bearing fixed deposit account in the name of the court in any nationalized bank and renewed from time to time till disposal of the case. The said deposit shall be subject to the outcome of the trial.

It is directed that the Petitioner shall appear before the concerned Police Station once in a fortnight preferably on Sunday between 10 A.M. to 1 P.M. for a period of three months. It is further made clear that the conditions contained in order dated 30.04.2024 with regard to verification of criminal antecedent stands modified. In the event the Petitioner is having more than one criminal antecedent, the order shall not be given effect to.

The BLAPL is, accordingly, disposed of.

Issue urgent certified copy of this order as per Rules..

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