Rahul Sethi vs State Of Odisha

A.K. Mohapatra, J

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

Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the materials placed before this Court.

The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with T.R Case No.68/2024, arising out of Special Crime Unit P.S Case No.03/2024, pending in the Court of learned District And Sessions Judge, Khurda, Bhubaneswar for alleged commission of offence punishable under Sections 20(b)(ii)(C)/29 of the N.D.P.S. Act.

Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 19.04.2024. Further contended that in the meantime the investigation has progressed substantially. Further, allegations made in the F.I.R., the learned counsel for the Petitioner submitted that a total quantity of 300 kgs. of ganja, was recovered from the co-accused person, who have been named in the F.I.R. Further contended that initially the Petitioner was not named in the F.I.R. However, subsequently on the basis of the co-accused statement, the Petitioner has been implicated in the present case. Learned counsel for the Petitioner referred to the law laid down by the Hon’ble Supreme Court of India in Tofan Singh vs. State of Tamil Nadu reported in (2021) 4 SCC 1. He further submitted that the Petitioner does not have any similar criminal antecedent. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and condition which the Petitioner undertakes to abide by while on bail.

Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, opposed the release of the Petitioner on bail on the ground that the investigation is still on. Further, in the event the Petitioner is released on bail, there is a possibility that he might be involved in similar criminal offences. Learned Additional Standing Counsel submitted that nature of allegation and the contraband used in the present case is itself a threat to the society. Therefore, he submitted that the prayer for bail of the Petitioner be rejected at this juncture.

Having heard the learned counsels appearing for the respective parties and on a careful examination of the surrounding facts and circumstances of the present case and further keeping the view the fact that the Petitioner does not have any criminal antecedents and the contraband articles were recovered from the co-accused persons and the Petitioner falsely implicated on the basis of co-accused statement, therefore, a bar under Section 37 of the N.D.P.S. Act is not attracted, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions.

Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.40,000/-(Rupees Forty thousand) with two local solvent sureties for the like amount to the satisfaction of the Court in seisin over the matter subject to the following terms and conditions:

I) he shall not be involved in any offence of similar nature while on bail;

II) he shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever;

III) he shall not make any default in attending the court during trial on each date without fail;

IV) he shall appear before the concerned Police Station once in a fortnight preferably on ‘Sunday’ in between 10.00

A.M. to 1.00 P.M. till conclusion of the trial.

Violation of any of the terms and conditions shall entail cancellation of bail.

It is further directed that the bail granted to the Petitioner be subject to the condition that the court below shall verify the criminal antecedent of the Petitioner. In the event the Petitioner is having any similar criminal antecedent under the offences of NDPS Act, this bail order shall automatically stand revoked.

The BLAPL is, accordingly, disposed of.

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