Santoshi Behera vs State Of Odisha

A.K. Mohapatra, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel for the Petitioner as well as learned Additional Government Advocate for the State. Perused the materials placed before this Court.

This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Badagada P.S.Case No.220 of 2024 corresponding to T.R.Case No.166 of 2024 pending in the Court of the learned District &Sessions Judge, Khurda at Bhubaneswar for alleged commission of offence under Section 21(b)/29 of NDPS Act.

It is submitted by the learned counsel for the Petitioner that the Petitioner is a lady and since the date of her arrest i.e. 27.04.2024 she has been languishing in custody. He also contended that no contraband article has been recovered from the possession of the Petitioner. Learned counsel for the Petitioner further contended that the Petitioner is having one similar criminal antecedent in which he has already been enlarged on bail. He further contended that since the Petitioner belongs to the locality, there is no chance of her absconding. On such ground, learned counsel for the Petitioner submitted that the Petitioner be released on bail.

Learned Additional Government Advocate for the State on the other hand objected to the release of the Petitioner on bail on the ground that once the Petitioner has been released on bail and in the event she is released on bail, she may indulge in similar nature of offence again. On such ground, learned counsel for the State submitted that the bail application of the Petitioner be rejected at this juncture.

Considering the submissions made by the learned counsels for the respective parties, on careful examination of the materials on record as well as the period of custodial detention of the Petitioner and taking into consideration the seriousness and gravity of the allegation and keeping in view the fact that the bar under section 37 of the Act is not attracted, this Court is inclined to grant bail to the Petitioner and it is directed that let the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.25,000/-(Rupees Twenty five thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter with the following terms and conditions.

I) she shall not indulge in any offence of similar nature while on bail;

II) she shall appear before the trial court on each and every date.

III) she shall appear before the concerned P.S. once in a fortnight preferably on Sunday for a period of three months and thereafter once in a month till conclusion of trial.

Violation of any of the terms and conditions shall entail cancellation of bail.

Further, the release of the Petitioner shall also be subject to the verification of similar nature of criminal antecedent of the Petitioner by the learned Court below. In the event, it is found that the Petitioner has more than one criminal antecedent of similar nature then the bail order shall not be given effect to..

In addition to the above, the Petitioner shall furnish a cash security of Rs.5,000/- (Rupees Five thousand) before the Court in seisin over the matter which shall be kept in interest bearing fixed deposit account in the name of the court in any nationalized bank and renewed from time to time till disposal of the case. The said deposit shall be subject to the outcome of the trial.

The BLAPL is, accordingly, disposed of.

Issue urgent certified copy of this order as per Rules.

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