Raj Kapoor vs State Of Odisha

G. Satapathy, J

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

This is an application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Special G.R. Case No.17 of 2023 arising out of Bolangir Town P.S. Case No.120 of 2023 pending in the file of learned Sessions Judge-cum-Special Judge, Bolangir, for commission of offences punishable under Sections 21(c)/29 of NDPS Act read with Section 25 of the Arms Act, on the allegation of expecting to sell the ESKUF Cough Syrup after receiving the same from co-accused persons from whom a huge consignment of ESKUF Cough Syrup each containing 100 ml. @ 2.59 grams of codeine phosphate per bottle with a total amount of 2.592 Kgs. of contraband codeine phosphate was seized.

In the course of hearing of bail application, Mr. U.R.Jena, learned counsel for the petitioner submits that the present petitioner is no way connected with the commission of the crime and he was not found with conscious possession of any contraband article. It is further submitted that not a single Cough Syrup bottle was recovered from the possession of the petitioner. On these grounds, learned counsel for the petitioner prays to grant bail to the petitioner.

On the other hand, Mr. S.R.Roul, learned ASC, however, strongly opposes the bail application of the petitioner, but on being asked, he submits that no Cough Syrup was recovered from the possession of the petitioner and the present petitioner was implicated in this case on the basis of statement of co-accused persons.

After having considered the rival submissions advanced on behalf of the parties and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the manner and circumstance of implication of the present petitioner in this case and taking into consideration the other circumstance on record in entirety including grant of bail to co-accused Mantu @ Dhabelswar Jena and another in BLAPL No.3663 of 2023 and some others in BLAPL No. 4407 of 2023, BLAPL No. 4746 of 2023 and in BLAPL No.3712 of 2023 and regard being had to the pre-trial detention of the petitioner since 12.03.2023 without any report of any criminal antecedent against the petitioner and lastly, the law laid down by Apex Court in Tofan Singh Vrs. State of Tamil Nadu; (2020) 80 OCR (SC) 641, this Court admits the petitioner to bail.

Hence, the bail application of the petitioner is allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) 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,

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

(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a week preferably on a Sunday of every week in between 10 A.M. to 12 Noon for six(06) 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 for grave and serious offences 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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