Rati Khara vs State Of Orissa

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 T.R. Case No. 33-A of 2021 arising out of Kundura P.S. Case No.43 of 2021 pending in the file of learned Sessions Judge-cum-Special Judge, Jeypore, for commission of offence punishable under Section 20(b)(ii)(C) of NDPS Act, on the allegation of transporting 445 Kgs. 800 Grams of Contraband Ganja in a Bolero bearing Regd. No. OD-05-M -0766.

Heard, Mr. T.K. Mishra, learned counsel for the petitioner and Mr. S.R. Roul, learned ASC in the matter and perused the record.

After having considered the rival submissions and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the release co-accused persons namely Mangla Khara and Suresh Bisoi on bail in BLAPL No.5696 of 2023 and in BLAPL No.886 of 2023 respectively and the petitioner having not apprehended from the spot at the time of detection and his implication being based on the statement of co-accused Suresh Bisoi and taking into account the law laid down by the Apex Court in Tofan Singh Vs. State of Tamilnadu; (2020) 80 OCR (SC) 641, and further taking into consideration the pre-trial detention of the petitioner since 25.07.2022 with case now being posted to 18.09.2023 for supply of Police Paper, which is even after more than one year of custody of the petitioner, this Court admits the petitioner to bail.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/-(Rupees One Lakh) with two local 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. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law,

(iii) in case the petitioner misuses the liberty of bail and in order to secure his presence, proclamation U/S.82 of Cr.P.C. is issued and the petitioner fails to appear before the Court on the date fixed in such proclamation, then, the learned trial Court is at liberty to initiate proceeding against him for offence U/S.174-A of the IPC in accordance with law,

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

(v) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on Sunday of every month in between 10 A.M. to 12 Noon for six(06) months from the actual date of release from the custody and

(vi) the Petitioner shall inform the Court as well as the I.O. as to his place of residence during the trial by providing his mobile number(s), residential address, e-mail, if any, and other documents in support of proof of residence.

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 any offence under NDPS Act involving commercial quantity of contraband article on prima facie accusations may be treated as a ground for cancellation of bail in this case.

It is made clear that the Court in seisin of the case, while releasing the petitioner on bail may verify the residential proof of the sureties by taking the help of local police, if required to ascertain their proof of residence and such exercise must be completed within a reasonable period of not more than seven days of filing bail bonds.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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