Sk. Parbej Musruf vs State Of Odisha

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 T.R. No.-91/2024, arising out of Badagada P.S. Case No.-122 of 2024, pending in the Court of learned District and Sessions, Khurda, Bhubaneswar for alleged commission of offence punishable under Sections 21(b) of the N.D.P.S. 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 23.03.2024. Further contended that in the meantime the investigation must have been progressed substantially. Referring to the prosecution report, learned counsel for the Petitioner a total 18 gms., brown sugar were recovered from the co-accused, namely, Sk. Jamsed. So far the present Petitioner is concerned, it is alleged in the seizure list that from his possession one black color Suzuki Access scooty bearing Regd. No.OD-02CQ-8767, one Apple iPhone, one Realme Mobile phone and cash of 2000 were recovered. It is contended that no contraband articles were recovered from the exclusive and conscious possession of the Petitioner. Further contended that the Petitioner does not have any criminal antecedent. Further contended that the Petitioner belongs to the locality and there is no possibility of absconding. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and condition which the Petitioner undertakes to 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 in the event the Petitioner is released on bail, there is a possibility that he might be involved in similar criminal offences. Learned Additional Standing Counsel submitted that nature of allegation and the contraband used in the present case is itself a threat to the society. 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 surrounding facts and circumstances of the present case and further keeping the view the period of detention of the Petitioner in jail custody and the fact that the alleged contraband articles were not recovered from the present petitioner, the bar under Section 37 of the N.D.P.S. Act is not attracted and the fact that the Petitioner does not have any criminal antecedent, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions.

Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/-(Rupees Fifty thousand) with one local solvent surety for the like amount to the satisfaction of the Court in seisin over the matter subject to the following terms and conditions:

I) he shall not be involved in any offence of similar nature while on bail;

II) he shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever;

III) he shall not make any default in attending the court during trial on each date without fail;

IV) he shall appear before the concerned Police Station once in a fortnight preferably on ‘Sunday’ in between 10.00 A.M. to 1.00 P.M. for a period of two months, thereafter once in a month till conclusion of the trial.

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

It is further directed that the bail granted to the Petitioner be subject to the condition that the court below shall verify the criminal antecedent of the Petitioner. In the event it is found that the Petitioner is having any criminal antecedents, this bail order shall automatically stand revoked.

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

The BLAPL is, accordingly, disposed of.

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