Rajendra Prasad v. State of Odisha

Mr. S.R. Roul, ASC CORAM: JUSTICE G. SATAPATHY ORDER(ORAL) 03.10.2023 Order No.

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 G.R. Case No.56 of 2022 arising out of Baisinga P.S. Case No.188 of 2022 pending in the file of learned Special Judge, Mayurbhanj, Baripada, for commission of offence punishable under Section 20(b)(ii)(C) of the NDPS Act on the allegation of transporting 25 Kgs. 301 Grams of Contraband Ganja in a bus bearing Regd. No.OD-11B-1565.

Heard, Mr. J.K. Panda, learned counsel for the petitioner and Mr. S.R. Roul, learned ASC in the matter and perused the record.

It is brought to the notice of the Court that the petitioner is in custody since 29.06.2022, but the trial is yet to commence.

Considering rival submissions and materials placed on record and taking consideration the mode and manner of implication of the petitioner in this case and regard being had to the pre-trial detention of the petitioner since 29.06.2022, and taking into account the other circumstance on record in entirety including absence of criminal antecedent of the petitioner, 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 and the petitioner (iv) report attendance before the Jurisdictional in a week Police Station once preferably on Sunday of every month in between 10 A.M. to 12 Noon for six(06) months from the actual date of 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. (G. Satapathy) Judge S. Sasmal Signature Not Verified Digitally Signed Signed by: SUBHASMITA SASMAL Reason: Authentication Location: High Court of Orissa Date: 03-Oct-2023 17:11:09