S.Sima Patra 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 Cuttack P.R. Case No. 308/2023-24 corresponding to T.R. Case No. 474 of 2023 pending in the Court of learned 2nd Additional Sessions Judge, Bhubaneswar, Dist-Khurda for commission of offences punishable under Sections 21(b) of the NDPS Act, on the allegation of possessing 212Grams of Heroine.

In the course of hearing of bail application, Mr.A.Mishra, learned counsel appearing for the petitioner by filing an affidavit stated to be sworn in by daughter of the petitioner, which is taken on record, submits that this is the second bail application of the petitioner and no bail application of the petitioner is pending before any other forum. In addition, Mr. Mishra submits that the petitioner renews his prayer for bail after consideration of charge and no criminal antecedent is available against her and therefore, the petitioner may kindly be granted bail.

On the other hand, Mr.P.K. Mohanty, learned ASC, however, strongly opposes the bail application of the petitioner, but he could not bring to the notice of the Court any criminal antecedent of the petitioner.

After having considered the rival submissions and taking into consideration the nature and gravity of offences alleged against the petitioner, as also the accusations sought to be brought against her and on going through the materials placed on record and regard being had to pre-trial detention of the petitioner in custody since 07.09.2023 and charge having already been framed against her in this case and there being no criminal antecedent reported against the petitioner, this Court without expressing any opinion on the merits of the 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.50,000/- (Rupees Fifty Thousand) only with one solvent surety 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 her 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.

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 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 Rules..

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