Ravi Kumar 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 C.T. Case No.34 of 2022 (NDPS) arising out of Kesinga P.S. Case No.216 of 2022 pending in the file of learned Sessions Judge-cum-Special Judge, Kalahandi for commission of offences punishable under Sections 279/337/338 of IPC read with Section 20(b)(ii)(C) of NDPS Act, on the allegation of transporting 30 Kgs. of Contraband Ganja.

Mr.D.Nayak, learned Senior Counsel for the petitioner submits that although the petitioner has been detained in custody since 18.06.2022, but the trial is yet to commence and the materials on record do not disclose recovery of Contraband Ganja from the exclusive possession of the petitioner who was in fact found admitted in the hospital when police allegedly came to search and recover the Contraband from the vehicle met with an accident and the petitioner, therefore, may kindly be granted bail.

Mr.S.R.Roul, learned ASC, however, strongly opposes the bail application of the petitioner, but he could not furnish any criminal antecedent of the petitioner.

After considering the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the manner and circumstance of apprehension of the petitioner and regard being had to the pretrial detention of the petitioner since 18. 06.2022 and taking into account the materials placed on record in entirety, this Court considers that although the rigor U/S. 37 of NDPS Act is required to be met, but the same has been diluted by the circumstance of the present case and this Court, accordingly, 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.25,000/- (Rupees Twenty-five 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.

(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a week preferably on Sunday 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 for any offence under NDPS Act involving commercial quantity of contraband article in future on prima facie accusations may be treated as a ground for cancellation of bail.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of the order be granted on proper application.

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