V. Avinash vs State Of Odisha

V. Narasingh, J

Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner is an accused in connection with Special G.R. Case No.171 of 2023, pending on the file of learned Sessions Judge-cum-Special Judge, Malkangiri arising out of Kalimela P.S. Case No.202 of 2023, for commission of alleged offences under Section 20(b)(ii)(C) of NDPS Act.

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Special Judge, Malkangiri by order dated 22.02.2024 in the aforementioned case, the present BLAPL has been filed.

This is the second journey of the Petitioner to this Court. Earlier the bail application of the Petitioner was rejected by this Court by order dated 15.09.2023 in BLAPL No.10149 of 2023.

It is submitted by the learned counsel that the Petitioner is in custody since 15.08.2023 on the accusation that he along with the co-accused are involved in the transportation of contraband (ganja) to the tune of 33 kgs 200 grams.

It is stated by the learned counsel that since the Petitioner is the first offender and as charge sheet has already been filed on 08.02.2024 and the manner in which the seizure has been Effected, his further continuance in custody is unwarranted.

Learned counsel for the State opposes the prayer for bail in view of the bar contained under Section 37(1)(b)(ii) of NDPS Act and that the Petitioner is a flight risk and relying on the order of the Apex Court in the case of State by the Inspector of Police vs. B. Ramu arising out of SLP(Crl.) No(s).8137 of 2022 submits that since charge sheet has already been filed prima facie case is made out. Hence, the Petitioner ought not to be released on bail.

Considering the age of the Petitioner (24 years) and that he is the first offender and as cases of this nature are lingering, keeping in view the judgment of the Apex Court in the case of Mohd. Muslim @ Hussain Vs. State (NCT of Delhi) reported in AIR 2023 SC 1648, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin.

To allay the legitimate apprehension of the learned Public Prosecutor regarding ensuring the presence of Petitioner during trial, since he does not belong to the State of Odisha, it is further directed that one of the family members of the Petitioner shall execute the P.R bond in addition to the sureties in terms of the order of the learned Court in seisin and his criminal antecedents from P.S.-Mills Colony, Dist.-Warangal, State-Telangana shall also be called for.

If it comes to fore that the Petitioner has criminal antecedents of any nature, this order shall not be given effect to.

Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every two months on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted as per the rules.

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