Sitakanta Rout vs State Of Odisha

G. Satapathy, J

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

This is the second bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Special 2(a).C.C. No.62 of 2023 corresponding to T.R. Case No.08 of 2024 arising out of P.R. Case No.207 of 2023-2024 pending in the file of learned Additional District Sessions Judge, Nayagarh, for commission of offences punishable U/Ss.20(b)(ii)(C) of NDPS Act, on the allegation of transporting 40Kgs of Contraband Ganja in an Auto Rickshaw along with co-accused Bidyasagar Mohapatra.

In the course of hearing of bail application, Mr. Amitav Tripathy, learned counsel for the petitioner apprises this Court that this is the second journey of the petitioner before this Court, but no bail application of the petitioner is pending before any other forum except this one. He further submits by enclosing the certified copy of deposition of PWs.1 to 3, which is taken on record, that in fact no case is made out against the petitioner for any offence under NDPS Act, rather the petitioner is languishing inside the jail custody since 08.10.2023 without any reason. On the aforesaid submission, Mr. Amitav Tripathy, learned counsel for the petitioner prays to grant bail to the petitioner.

On the other hand, Mr. T.K. Praharaj, learned SC, however, strongly opposes the bail application of the petitioner by resorting to Section 37 of NDPS Act.

After having considered the rival submissions and on going through the materials placed on record including the evidence of the witnesses and taking into account the law laid down by the apex Court in Ankur Chaudhary v. State of Madhya Pradesh; 2024 Live Law (SC) 416, which persuades to infer satisfaction of conditions of Sec.37 of NDPS Act by the petitioner and this Court, therefore, without expressing any opinion on the merits of this case, grants bail to the petitioner.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) 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 and

(ii) the petitioner in the course of trial 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) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case by giving his present address of stay and

(iv) the petitioner shall report attendance before the jurisdictional Police Station once in a fortnight preferably on 2nd Sunday of each month in between 10 A.M. to 12 Noon for six(06) months from the actual date of his release from the custody.

The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.

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 petitioners in future for any offence under NDPS Act on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rule.

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