Runima Digal 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.35 of 2023 arising out of Khajuripada P.S. Case No.22 of 2023 pending in the file of learned Special Judge, Phulbani, for commission of offences punishable under Sections 20(b)(ii)(C)/25 of NDPS Act, on the allegation of transporting 29Kgs of Contraband Ganja in a Bus along with other co-accused persons.

In the course of hearing of the bail application, Mr. A.S. Paul, learned counsel for the Petitioner submits that the Petitioner is a lady and even for a moment if the allegations are taken into consideration, no offence U/S. 20(b)(ii)(C) is made out against the Petitioner since only 10Kgs of Contraband Ganja was recovered from the Petitioner. On these submissions, Mr. A.S. Paul, learned counsel prays to grant bail to the Petitioner.

On the other hand, Mr. S.S. Roul, learned A.S.C., however, strongly opposes the bail application of the Petitioner.

After having considered the rival submissions advanced on behalf of the parties and taking into consideration the nature and gravity of accusations raised against the Petitioner and keeping in view the manner and circumstance of implication of the Petitioner in this case and regard being had to the pre trial detention of the Petitioner and her status as a lady and taking into account the release of co-accused persons namely Chandini Digal, Sunanda Sahani and Chandrama Digal on bail in BLAPL Nos.2854, 2861 and 2870 of 2023 and no criminal antecedent having reported against 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.25,000/- (Rupees Twenty Five Thousand) with two solvent sureties 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 her attendance is dispensed with,

(iii) the Petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case and

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

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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