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Judgment
15 paragraphs · 394 wordsV. Narasingh, J
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is an accused in connection with T.R. No.28 of 2023, pending before the learned District & Sessions Judge, Khurda At Bhubaneswar, arising out of Saheed Nagar P.S. Case No.27 on Dtd 18.01.2023, for alleged commission of offences under Section 21(b) of the N.D.P.S. Act.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Khurda At Bhubaneswar by order dated 25.01.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the petitioner is in custody since 18.01.2023 on the accusation of possessing contraband to the tune of 32gms (Brown Sugar).
On instruction, learned counsel for the petitioner submits that in the meanwhile charge sheet has been submitted on 18.03.2023.
Learned counsel for the State on the basis of rejection order submits that since the petitioner does not reside within the territorial jurisdiction of the learned Court in seisin, it would be difficult to ensure his presence during the trial.
An affidavit has also been filed by the wife of the petitioner indicating that the petitioner has no criminal antecedent.
Considering the nature of allegation, period of custody and filing of charge sheet, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter.
Additionally, it is directed that the petitioner shall appear before the Investigating Officer once every month till conclusion of trial on such date and time to be fixed by the learned Court in seisin. Certification of such appearance shall be submitted to the learned Court in seisin.
It is further directed that in addition to the sureties so fixed, one surety shall be immediate member of the family, who shall execute a P.R. bond.
Before releasing the petitioner, learned Court in seisin is called upon to obtain instruction from Raghunath Ganj police station, Dist-Murshidabad, State-West Bengal regarding the criminal antecedent of the petitioner. If it comes to the fore that the petitioner has any criminal antecedent of similar nature, this order shall stand recalled.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rule.
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