Sumit Mishra vs State Of Odisha

G. Satapathy, J

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

This is an application U/S. 439 of Cr.P.C. by the Petitioner for grant of bail in connection with Machhakund P.S. Case No. 11 of 2023 corresponding to T.R. Case No. 09 of 2023 pending in the file of learned Sessions Judge-cum-Special Judge, Koraput for commission of offence punishable U/Ss. 20(b)(ii)(C)/29 of NDPS Act, on the allegation of receiving 20Kgs and 600 Grams of Contraband Ganja along with co-accused person who were found caught red handed later while transporting such Contraband Ganja.

Petitioner being represented by his learned counsel Mr. R.L.Pattnaik prays to grant him bail. On the other hand, Mr.S.S. Pradhan, learned A.G.A., however, strongly opposes the bail application of the Petitioner.

After considering the rival submissions made and taking into consideration the nature and gravity of accusations raised against the Petitioner and keeping in view no criminal antecedent having reported against the petitioner and taking into account the other circumstances on record in entirety including release of co-accused person on bail and regard being had to the pre-trial detention of the Petitioner since 20.01.2023, this Court admits the Petitioner to bail.

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

(ii) the Petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with

(iii) the Petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case

(iv) the Petitioner shall report attendance before the jurisdiction Police Station once in a week preferably on Sunday 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 Petitioner in future for any offence under NDPS Act involving commercial quantity of Contraband article 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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