The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.7415 of 2023 Nagen Kumar Behera @ Nagi Behera …. Petitioner Mr. D.K.Sahoo, Advocate -versus- State of Odisha …. Opp.party Mr. S.S.Mohapatra, ASC CORAM: JUSTICE M.S.SAHOO Order No.
Decision
ORDER 20.12.2023 Hybrid Mode 09. 1. Learned counsel for the petitioner refers to the affidavit filed by the elder brother of the petitioner, copy of which has been served on the learned counsel for the State and his part of the record marked as Flag-R. At Paragraph-1 of the affidavit, the following has been stated : “That I am the elder brother of the petitioner, I am filing herewith the affidavit that I myself and one of my relative namely Iswar Chandra Behera, S/o. Lakhman Kumar Behera of vill-Maharana Sahi, Talcher Town, Dist-Anugul are ready and willing to stand as surety for the above petitioner.” 2. The BLAPL praying for grant of bail, has been filed under Section 439, Cr.P.C. seeking release of the petitioner, who is in jail custody in connection with Nalco Township P.S.Case No.75 of 2023 corresponding to CT(NDPS) Case No.9 of 2023 pending in the court of the learned Judge Special Court, Angul, for alleged commission of offence under Section 21(b)/29 of the NDPS Act. // 2 // 3. Learned Counsel for the petitioner submits that the petitioner is in custody since 03.05.2023. In the meanwhile the final prosecution report has been submitted on 28.06.2023. It is submitted that considering the period of incarceration and the fact that the final prosecution report has been submitted and considering the age of the petitioner being aged about 32 years, he should be given a chance to come back to the community to lead a normal social life to transform himself, considering the past allegations against him regarding the criminal activity. 4. Learned counsel also refers to the affidavit filed on behalf of the petitioner regarding the past allegations of criminal activity which is in sync with the police report. It is submitted that the petitioner is a local person. He shall subject himself to the jurisdiction of the court in seisin of the matter and shall abide by the terms and conditions that would be imposed for grant of bail, if the Court is inclined to grant bail. 5. Learned Additional Standing Counsel for the State refers to the materials contained in the case diary furnished by the investigating agency, nature of allegations and the past similar allegations against the petitioner opposes the prayer for bail and also refers to the provision of Section 37 of the NDPS Act. Page 2 of 6 // 3 // However it is not disputed that the petitioner is aged about 34 years. In the meanwhile the final prosecution report has been submitted and that the affidavit on behalf of the petitioner regarding the past allegations of criminal activity in sync with the police report. 6. Learned Additional Standing Counsel for the State submits that in case the Court is inclined to grant to the petitioner suitable conditions should be imposed in view of the nature of allegations and the past allegations against him. 7. Having heard the learned counsel for the petitioner, the learned counsel for the State and considering the materials on record, this court is inclined to grant bail to the petitioner subject to such stringent terms and conditions that would be imposed by the learned court in seisin of the matter which shall also include the following conditions : Copy of the affidavit dated 04.12.2023 filed by the elder brother of the petitioner has been produced before the learned court in seisin of the matter supported by another affidavit, which shall be considered by the learned court in seisin of the matter for considering the two sureties for an amount to the satisfaction of the learned court in seisin of the matter ; Page 3 of 6 // 4 // the court in seisin of the matter shall ensure and verify the credential of the sureties, the court shall direct and record its satisfaction; the petitioner shall not in any manner make any inducement, threat or promise to the prosecution witnesses so as to dissuade them from disclosing truth before the court and shall not tamper with the evidence; the petitioner shall not indulge himself in similar activity; the petitioner shall surrender his passport if any, before the learned court in seisin of the matter and will not leave India without prior permission of the Court and in the event the petitioner has not been issued with any passport, he would submit an affidavit stating the said fact; the petitioner shall appear before the concerned authority as would be so required for the purpose; he shall appear before the police having jurisdiction of his area of residence, if directed by the learned court in seisin of the matter in the manner to be decided by the learned court; Page 4 of 6 // 5 // the petitioner shall fully cooperate with the ongoing further investigation and make herself available anywhere as and when required for such purpose; the petitioner shall be available to be contacted over mobile phone and such phone should remain active and normally not be changed, and in case of any change of mobile number of the petitioner for any bona fide reason, the same shall be communicated to the Investigating Agency; the petitioner shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial; the petitioner shall not indulge in any criminal activity or commission of any crime after being released on bail; and in case of his involvement in any other criminal activities or breach of any condition imposed for grant of bail, the investigating agency shall file petition for cancellation of bail. 8. The BLAPL is disposed of accordingly. Urgent certified copy of this order be granted on proper application. It is clarified that any observations made in this order shall not be construed to be the opinion of this Page 5 of 6 // 6 // Court regarding the merits of the contentions that would be raised in the pending trial before the learned court in seisin by either of the parties to the present petition. Gs ( M.S.Sahoo) Judge Signature Not Verified Digitally Signed Signed by: GAGAN BIHARI SAMAL Reason: Authentication Location: ohc Date: 30-Dec-2023 12:00:05 Page 6 of 6