Santosh Patel vs State Of Orissa

V. Narasingh, J

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

The Petitioner is an accused in Special G.R. Case No.10 of 2023 pending on the file of learned Special-cum-Sessions Judge, Sonepur arising out of Tarava P.S. Case No.62 of 2023, for commission of offence under Sections 20(b)(ii)(B)/ 29 of the NDPS Act.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Special Judge, Sonepur by order dated 02.06.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the Petitioner is in custody since 26.03.2023 on the accusation of possession of contraband to the tune of 4Kgs 800gms (Ganja) and as charge sheet has been filed on 23.05.2023, he may be released on bail.

It is apt to note here that this the second journey of the Petitioner to this Court.

The Petitioner along with the co-accused had moved this Court earlier by filing BLAPL No.5402 of 2023. While declining to entertain the bail application of the Petitioner, who was Petitioner No.2 in the said case, in view his criminal antecedent, this Court had granted leave him to renew his prayer before the learned Court in seisin post charge sheet.

Learned counsel for the State opposes the prayer for bail in view of the criminal antecedent of the Petitioner and also in view that he is a flight risk.

An affidavit has been filed at the behest of the Petitioner indicating that the Petitioner has 13 criminal antecedents and it is submitted by the learned counsel for the Petitioner that the Petitioner does not have criminal antecedent of similar nature.

Taking note of the same, this Court directs the Petitioner to be released on bail on such terms to be fixed by the Court in seisin.

Additionally, it is directed that the Petitioner shall file the certified copy of the affidavit filed before this Court, before the learned Court in seisin who is requested to verify as to whether the recitals of the said affidavit are correct or not. If it comes to the fore that the Petitioner is accused in any other case than the case detailed in the said affidavit, this order shall stand recalled.

It is further 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.

Registry is called upon to issue certified copy of the affidavit filed in this Court, if applied for along with the copy of the order.

Accordingly, the BLAPL stands disposed of.

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

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