Ratu Pangi vs State Of Odisha

S.K. Sahoo, J

 These bail applications are taken up through Hybrid arrangement (video conferencing/physical Mode).

Heard learned counsel for the petitioners in both the cases and learned counsel for the State.

Since both the applications under section 439 of Cr.P.C. are in connection with T.R. Case No.57 of 2020 arising out of Koraput Town P.S. Case

No.274 of 2020 pending in the Court of learned Addl. Sessions Judge -cum- Special Judge, Koraput for offences punishable under sections 20(b)(ii)

(C) and 29 of the N.D.P.S. Act, with the consent of the parties, those are heard analogously and are disposed of by this common order.

The petitioner Ratu Pangi moved an application for bail before the Court of learned Addl. Sessions Judge -cum- Special Judge, Koraput, which was

rejected on 19.02.2021 and similarly the petitioner Ballaba Khilla moved an application for bail before the said Court which was also rejected on

17.11.2020.

Learned counsel for the petitioners submits that the petitioners are in judicial custody since 24.09.2020 and they have been charge sheeted under

sections 20(b)(ii)(C) and 29 of the N.D.P.S. Act. The occurrence in question took place on 24.09.2020 and while the petitioner Ratu Pangi was

coming in a white colour Apache motor cycle and the petitioner Ballaba Khilla was coming in a white colour Scooty from Koraput side, they were

apprehended by the Sub-Inspector of Police, Koraput Town Police Station and a truck which was carrying contraband ganja of commercial quantity

was also seized and one Babula Khosla was present in the said truck and accusation has been levelled against the petitioners that they were escorting

the offending truck in question though there is no material to that effect. Learned counsel further submitted that there are no criminal antecedents

against the petitioners and therefore, the bail applications of the petitioners may be favourably considered.

Learned counsel for the State was asked to obtain instruction on the criminal antecedents against the petitioners.

Mr. P.K. Mohanty, learned Addl. Standing Counsel appearing for the State submitted that the petitioners have got no criminal antecedents. However,

he submitted that the petitioner Ratu Pangi was the rider of the motor cycle at the time of occurrence, which belonged to the brother of the co-

accused Babula Khosla, who was found present in the offending truck. Learned counsel further submitted that the statements of the petitioners before

the police in presence of the Executive Magistrate indicate their involvement in the alleged crime and therefore, the bail applications of the petitioners

should be rejected.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioners, since no

contraband article has been seized from the possession of the petitioners and the main material available against the petitioners is their confessional

statements before the police, keeping in view the ratio of the decision of the Hon’ble Supreme Court in the case of Tofan Singh -Vrs.- State of

Tamil Nadu reported in (2020) 80 OCR (SC) 641, absence of any criminal antecedents against the petitioners and keeping in view the provision under

section 37 of the N.D.P.S. Act, I am inclined to release the petitioners on bail.

Let the petitioners be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) each 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 including the conditions that the petitioners shall not indulge in similar activities while on bail and shall appear before the learned

trial Court on each date to which the case would be posted for trial. Violation of any of the conditions shall entail cancellation of bail.

The BLAPL stands disposed of.

Issue urgent certified copy as per Rules..

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