Rankanath @ rankanidhi Badajena vs State Of Odisha

S.K. Sahoo, J

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 439 of Cr.P.C. in connection with Special G.R. Case No.22(A) of 2021 arising out of M.V.79 P.S. Case No.09 of 2021 pending in the Court of learned Sessions Judge -cum- Special Judge, Malkangiri for offence punishable under sections 20(b)(ii)(C)/25/27-A/29 of the N.D.P.S. Act.

The prayer for bail of the petitioner was rejected by the learned Sessions Judge -cum- Special Judge, Malkangiri vide order dated 30.06.2023.

Learned counsel for the petitioner submitted that the petitioner was taken into judicial custody on 07.06.2023 and the implication of the petitioner is based on the confessional statement of co-accused persons before police and the petitioner is having no criminal antecedent and therefore, the bail application of the petitioner may be favourably considered. Learned counsel for the petitioner files the copy of the charge sheet, which is taken on record.

Learned counsel for the State while not disputing the petitioner’s implication in the case is based on confessional statement of co-accused persons before police submitted that the petitioner was charge sheeted showing him as an absconder.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, since the implication of the petitioner is based on confessional statement of co-accused persons before police and keeping in view the ratio laid down by the Hon’ble Supreme Court in the case of Tofan Singh -Vrs.-State of Tamil Nadu reported in (2020) 80 Orissa Criminal Reports 641, I am inclined to release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper subject to conditions that the petitioner shall not indulge in any criminal activities in any manner and he shall appear before the learned trial Court on each date when the case would be posted for trial.

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

Accordingly, the BLAPL stand disposed of. Urgent certified copy of this order be granted on proper application..

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