Sapan Digal vs State Of Orissa

A.K. Mohapatra, J

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

Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the materials placed before this Court.

The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with 2(a)C.C. No.39 of 2023, arising out of P.R. No.122/2023-24 of OIC of Excise, District Mobile, Kandhamal, Phulbani, pending in the Court of learned Special Judge, Phulbani, for alleged commission of offence punishable under Section 20(b)(ii)(C) of the N.D.P.S. Act.

It is submitted by the learned counsel for the Petitioner that earlier this matter was not before any other Bench of this Court. He further submitted that the Petitioner is languishing in custody since 05.10.2023. He further contended that in the meantime, investigation has been concluded and final P.R. has been filed. It is further contended by the learned counsel for the Petitioner that the Petitioner is aged about 21 years. He also contended that the Petitioner does not have any similar criminal antecedent. He further contended that the Petitioner has been falsely implicated in the present case. He also contended that since the Petitioner belongs to the locality, there is no chance of his absconding. On such ground, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and conditions which he shall abide by while on bail.

Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, opposed the release of the Petitioner on bail on the ground that allegations made against the Petitioner is serious in nature. He further submitted that the cases of illegal transportation of contraband Ganja are on rise in State of Odisha now-a-days. However, the release of the Petitioner at this stage would create hindrance for early conclusion of the trial. Therefore, he submitted that the prayer for bail of the Petitioner be rejected at this juncture.

Having heard the learned counsels appearing for the respective parties and on a careful examination of the materials on record and further taking into consideration the fact that the Petitioner is a boy of 21 years of age and he does not have any similar criminal antecedent and he is in custody since 05.10.2023 and in the meantime final P.R. has been filed, this Court is inclined to release the Petitioner on bail.

Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.35,000/-(Rupees thirty five thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter. The release of the Petitioner shall also be subject to such other terms and conditions as would be fixed by the Court in seisin over the matter.

It is further directed that the bail granted to the Petitioner is subject to the condition that the court below shall verify whether the Petitioner has any criminal antecedent of similar nature. In the event it is found that the Petitioner has any criminal antecedent of similar nature, then this bail order shall automatically stand revoked.

The BLAPL is, accordingly, disposed of.

Issue urgent certified copy of this order as per Rules.

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