Rudra Narayan Naik Vs State Of Odisha

V. Narasingh, J

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

The Petitioner is an accused in T.R Case No.05 of 2024 pending on the file of learned Sessions Judge-cum-Special Judge, Nayagarh arising out of P.R Case No.37 of 2023-24, for commission of the offence alleged under Section 20(b)(ii)(C) of the N.D.P.S Act.

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

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge, Nayagarh, by order dated 18.01.2024 in the aforementioned case, the present BLAPL has been filed.

This is the second journey of the Petitioner to this Court. Earlier the bail application of the Petitioner was rejected by order dated 02.09.2023 in BLAPL No.9159 of 2023 during currency of investigation.

The accusation against the present Petitioner is that he along with co-accused are involved in transportation of contraband (ganja) to the tune of 31 Kg.

It is submitted by the learned counsel that the Petitioner is in custody since 19.07.2023 and as final P.R. has been filed on 15.01.2024, further continuance of the Petitioner in custody is not warranted.

It is further submitted that the Petitioner is a young boy of 21 years and he is the first offender. Hence, leniency may be shown to the Petitioner.

Learned counsel for the State opposes the prayer in view of the bar contained in Section 37(1)(b)(ii) of the N.D.P.S Act.

Taking into account the age of the Petitioner and he being the first offender and keeping in view the decision of the Apex Court in the case of Mohd. Muslim alias Hussain vrs. State (NCT of Delhi), 2023 SCC OnLine SC 352, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin subject to verification of the criminal antecedent of any nature.

If it comes to fore that the Petitioner has any criminal antecedent, this order shall not be given effect to.

Additionally, it is directed that the Petitioner 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.

The BLAPL thus stands disposed of.

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

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