Satyabrata Gochhayat 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 2(a)C.C. Case No. 92 of 2022 arising out of E.I. & E.B. Unit-II, Cuttack P.R. Case No.494 of 2022-2023 pending in the file of learned Sessions Judge-cum-Special Judge, Cuttack for commission of offence punishable under Section 21(b) of NDPS Act, on the allegation of possessing 160 Grams of Heroin.

Mr. P.K. Parida, learned counsel for the petitioner by filing the certified copy of the advanced P.R. submits that the petitioner has been implicated in this case for commission of offence U/S 21(b) of the NDPS Act and thereby, Section 37 of NDPS Act would not be attracted to refuse the bail application of the petitioner. It is also submitted by the learned counsel for the petitioner that although the petitioner has been shown to have some criminal antecedents, but in none of the cases he has been implicated for similar type of offence. It is further submitted by him that the petitioner has been detained in custody since 29.11.2022 and in the meanwhile, final P.R. has already been submitted in this case and therefore, the petitioner may kindly be granted bail.

On the other hand, Mr. S.R. Roul, learned ASC, however, strongly opposes the bail application of the petitioner by drawing attention of the Court to the criminal antecedents of the petitioner.

After having considered the rival submissions and taking into consideration the nature and gravity of accusations raised against the petitioner and regard being had to the pre-trial detention of the petitioner since 29.11.2022 with submission of charge sheet and although there appears some criminal antecedents against the petitioner, but the same being not for similar offence and taking into consideration the other circumstance on record in entirety, this Court considers the bail application of the petitioner leniently.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees fifty thousand) with two solvent sureties each 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 his attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law,

(iii) in case the petitioner misuses the liberty of bail and in order to secure his presence, proclamation U/S.82 of Cr.P.C. is issued and the petitioner fails to appear before the Court on the date fixed in such proclamation, then, the learned trial Court is at liberty to initiate proceeding against him for offence U/S.174-A of the IPC in accordance with law and

(iv) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case.

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

Since some criminal antecedents have been reported against the petitioner, the Court in seisin of the case may verify the residential proof of the sureties, if required. It is made clear that the Court in seisin of the case, while releasing the petitioner on bail may verify the residential proof of the sureties by taking the help of local police, if required to ascertain their proof of residence and such exercise must be completed within a reasonable period of not more than three days of filing bail bonds.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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