Raju Muna & Anr. v. Sk. Zafarulla

Represented By Adv. – Mr. M.K. Mohanty, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 25.04.2024 This matter is taken up through Hybrid mode. Heard learned counsel appearing for the Petitioners and learned Order No.

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 Petitioners for regular bail in connection with G.R. Case No. 17 of 2024, arising out of Titlagarh P.S Case No. 149 of 2024, pending in the Court of learned Additional Sessions Judge-cum- Special Judge, Titlagarh for alleged commission of offence punishable under Section 20(b)(ii)(B) of the N.D.P.S. Act.

Learned counsel for the Petitioners submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioners that the Petitioners are in custody Page 1 of 3. since 04.04.2024. It is alleged that a total quantity of 8.920 kg of contraband ganja was recovered from the possession of the present Petitioners. He further contended that the Petitioners have been falsely implicated in the present case. He also contended that considering the quantity contraband article recovered, the bar under Section 37 of the N.D.P.S. Act is not attracted to the facts of the present case. He also contended that the Petitioner has one similar criminal antecedent in which he has been acquitted. In such view of the matter, learned counsel for the Petitioners submitted that the Petitioners be released on bail on any terms and condition which the Petitioners undertake to abide by while on bail.

Learned counsel for the State on the other hand contended that the allegations made in the FIR are serious in nature. Learned Additional Standing Counsel opposed the release of the Petitioners in view of the nature and seriousness of allegation made against the Petitioners. Therefore, he submitted that the prayer for bail of the Petitioners be rejected at this juncture.

Having heard the learned counsels appearing for the respective parties and on a careful consideration of the fact, and the period of custodial detention, and the fact that the bar under Section 37 of the N.D.P.S. Act is not attracted to the facts of the present case, this Court is inclined to release the Petitioners on bail subject to imposition of certain terms and conditions.

Hence, it is directed that the Petitioners be released on bail in the aforesaid case on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) with one local solvent surety for the like amount to the satisfaction of the Court in seisin over the matter. The release of the Petitioners shall be subject to the following terms and conditions: i) shall not be involved in any offence of similar nature; Page 2 of 3. ii) shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever; iii) shall not make any default in attending the court during trial on each date without fail; Violation of any of the terms and conditions shall entail cancellation of bail.

It is open for the Court in seisin over the matter to impose any other conditions as may be deemed just and proper.

It is further directed that the bail granted to the Petitioner is subject to the condition that the court below shall verify whether the Petitioner is having more than one criminal antecedent of similar nature. In the event it is found that the Petitioner is having more than one similar criminal antecedent involving the offence in which he has been acquitted in 2(a)C.C. 2 of 2018, this bail order shall automatically stand revoked.

The BLAPL is, accordingly, disposed of. S.K. Rout ( A.K. Mohapatra ) Judge Signature Not Verified Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, Cuttack Date: 29-Apr-2024 21:02:14 Page 3 of 3.