Rockey Digal @ Cheru Digal Vs State Of Odisha

V. Narasingh, J

Since both the BLAPLs relate to the same P.S. (Phiringia P.S. Case No.86 of 2023), on the consent of the learned counsel for the Petitioners as well as State, they are taken up together and are disposed of by this common order.

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

The Petitioners are accused in connection with C.T. Case No.83 of 2023, pending on the file of the learned Sessions Judge-cum-Special Judge, Phulbani, arising out of Phiringia P.S. Case No.86 of 2023 for alleged commission of offences under Sections 20(b)(ii)C of the NDPS Act.

Learned counsel, on instruction, submits that except the present BLAPL, no other bail applications of the Petitioners relating to the aforementioned P.S. case is pending in any other Court.

Being aggrieved by the rejection of their applications for bail U/s.439 Cr.P.C. by the learned Special Judge, Phulbani by order dated 23.11.2023 in the aforementioned cases, the present BLAPLs have been filed.

This is the second journey of the Petitioners to this Court. Earlier the Petitioner (Rockey Digal @ Cheru Digal) in BLAPL No.13491 of 2023 and Petitioner (Sonu) in BLAPL No.13574 of 2023 had moved this Court in BLAPL Nos.6512 of 2023 and 8725 of 2023 during the currency of investigation which were disposed of by order dated 22.06.2023 and 29.08.2023 respectively.

It is submitted by the learned counsel that the Petitioners are in custody since 27.05.2023 on the allegation that they along with the other co-accused were involved in the transportation of contraband (ganja) to the tune of 65 kgs.

It is further submitted by the learned counsel for the Petitioners that from the manner of seizure, conscious and exclusive possession cannot be attributed to the Petitioners and since charge sheet has already been filed on 17.11.2023, they may be released on bail.

Learned counsel for the State opposes the prayer for bail and submits that there has been joint seizure of the contraband and from the manner of the seizure the defence plea as advanced cannot be countenanced and in view of the bar contained in Section 37(1)(b)(ii) of the NDPS Act, the bail application of the Petitioners does not deserve consideration.

It is on record that the prosecution has relied on 22 witnesses to drive home the charge.

Considering the same and being alive to the fact that in cases of this nature, the trial is lingering and the Petitioners are the first offenders, as stated, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin.

To allay the legitimate apprehension of the learned Public Prosecutor regarding ensuring the presence of the Petitioner (Sonu) in BLAPL No.13574 of 2023 during trial since he does not belong to the State of Odisha, additionally, it is directed that one of the family member of the Petitioner (Sonu) in BLAPL No.13574 of 2023 shall execute the P.R bond in addition to the sureties so fixed.

Further, it is directed that both the Petitioners shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

Before releasing, learned Court in seisin is requested to obtain instruction regarding the criminal antecedent of the Petitioner (Rockey Digal @ Cheru Digal) in BLAPL No.13491 of 2023 from his local police station and also Petitioner (Sonu) in BLAPL No.13574 of 2023 from his parent police station i.e. P.S.-Juhi, Dist-Biwani, State-Haryana. If it comes to the fore that the Petitioners have any criminal antecedent, this order shall not be given effect to.

Accordingly, both the BLAPLs stand disposed of.

Urgent certified copy of this order be granted as per the rules.

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