Shiba Digal vs State Of Orissa

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 Standing Counsel for the State.

This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Tumudibandha PS Case No.47 of 2024, corresponding to C.T.Case No.86 of 2024, pending in the Court of the learned Special Judge-cum-Additional District & Sessions Judge, Baliguda for alleged commission of offence under Sections 20(b)(ii)(C) of NDPS Act.

Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 03.04.2024. He further contended that in the meantime the investigation must have progressed substantially. It is also contended by the learned counsel for the Petitioner that a total quantity of 21 kg. of contraband ganja was recovered from the possession of the Petitioner. He further submitted that the Petitioner has been falsely implicated in the present case. It is also contended by the learned counsel for the Petitioner that the petitioner does not have any criminal antecedents of similar nature. Learned counsel for the Petitioner also contended that the Petitioner belongs to the locality therefore, there is no chance of his absconding in the event of his release on bail. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.

Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioner on the ground that such cases are increasing day-by-day and no leniency should be shown to the petitioner. He further submitted that the Petitioner belongs to State of Jharkhand, therefore, release of the Petitioner on bail at this juncture would cause delay in conclusion of trial. On such ground learned counsel for the State prays for rejection of the bail application of the Petitioner at this juncture.

Having heard learned counsel for the respective parties and on careful examination of the surrounding facts as well as materials on record, further taking into consideration the period of detention, this Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter. Release of the Petitioner shall be subject to such terms and conditions that would be fixed by the court in seisin over the matter. Violation of the conditions shall entail cancellation of bail.

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

BLAPL is accordingly disposed of.

Issue urgent certified copy of the order in course of the day.

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