Ranjish Kumar Vs State Of Odisha

R.K. Pattanaik, J

Heard Mr. Panda, learned counsel for the petitioner and Mr. Behera, learned ASC for the State.

Instant petition under Section 439 of Cr.P.C. is filed for release of the petitioner on bail in connection with G.R. Case No.82 of 2023 (N) arising out of GRPS, Berhampur Case No.114 dated 5th November, 2023 pending in the file of learned Sessions Judge-cum-Special Judge, Ganjam, Berhampur on the grounds sated therein.

Mr. Panda, learned counsel for the petitioner submits that the petitioner does not have any criminal antecedent and the co-accused is on bail by the Court’s order in BLAPL No. 13839 of 2023, hence, he should be released on any terms and conditions.

Mr. Behera, learned ASC for the State, however, objects to the release of the petitioner since the recovery and seizure relates to commercial quantity of Ganja.

Gone through the contents of the FIR as at Annexure-1.

Admittedly one of the accused, namely, Santosh Kumar Mandangi is on bail by Court’s order dated 20th December, 2023 in BLAPL No.13839 of 2023. The accused persons have been intercepted near a railway station and from a trolley, the alleged recovery of contraband substance was made. No doubt the seizure is in respect of commercial quantity of Ganja i.e. 25.3 Kgs. It is made to understand that substantial part of investigation is concluded. In view of the release of co-accused, namely, Santosh Kumar Mandangi, the Court is of the view that the petitioner since appears to be on similar footing should be released on bail subject to conditions. In other words, the Court is inclined and in favour of the release of the petitioner, who has been in judicial custody since 5th November, 2023.

Accordingly, it is ordered.

In the result, the petition under Section 439 Cr.P.C. stands allowed with a direction for release of the petitioner in connection with G.R. Case No.82 of 2023 (N) corresponding to Berhampur GRPS Case No.114 of 2023 on him furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with two solvent sureties (one among them to be blood relation) for the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, Ganjam, Berhampur, who shall have the liberty to impose such other conditions as deemed and found to be necessary in the facts and circumstances.

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