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Judgment
14 paragraphs · 379 wordsV. Narasingh, J
Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are accused in connection with C.T. (Spl) NDPS No.18 of 2023, pending in the Court of learned Additional Special Judge, Talcher arising out of Talcher P.S. Case No.411 of 2023, for alleged commission of offences under Sections 21(b)/29 of the N.D.P.S. Act.
Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional Special Judge, Talcher by order dated 13.07.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the petitioners are in custody since 08.07.2023 on the accusation of possessing contraband to the tune of 5.430gms (Brown Sugar).
Learned counsel for the petitioners submits that since investigation has progressed substantially and as the petitioners are the first offenders, they may be released on bail.
Learned counsel for the State opposes the prayer for bail during currency of investigation.
Considering the nature of allegation and the contraband seized is less than the commercial quantity and the petitioners being the first offenders as stated, this Court directs the petitioners to be released on bail on such terms to be fixed by the Court in seisin.
Additionally, it is directed that the petitioners shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till submission of final form. Certification of such appearance shall be submitted to the learned Court in seisin.
To allay the legitimate apprehension of the learned Public Prosecutor regarding ensuring the presence of the petitioners during trial since they do not belong to the State of Odisha, additionally it is directed that one of the family members of the petitioners shall execute the P.R bond in addition to the sureties in terms of the order of the learned Court in seisin and their criminal antecedent from P.S. Farakka, Dist-Murshidabad, State-West Bengal shall also be called for.
If it comes to fore that the petitioners have any criminal antecedent, this order shall stand recalled.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rule.
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