Trilochan Nath @ Chiyaan State of Odisha … v. …
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 9120 of 2024 Trilochan Nath @ Chiyaan State of Odisha ….. Vs. ….. Petitioner Mr. Binaya Bhusan Routray, Advocate Opp. Party Mr. Satyabrata Panda, A.S.C. CORAM: JUSTICE SAVITRI RATHO Order No. 03. ORDER 06.12.2024 (Through hybrid mode) 1. This is the third application of the petitioner under Section 439 of Cr.P.C. in connection with Capital P.S. Case No.11 of 2024 corresponding to T.R. Case No.09 of 2024, pending in the Court of the learned 3rd Addl. Sessions Judge, Bhubaneswar for commission of offence punishable under Section 21 (b) of the NDPS Act. 2.
Legal Reasoning
The first application, BLAPL No.834 of 2024 filed by the petitioner had been dismissed on 15.02.2024 by this Court granting liberty to the petitioner to move for bail afresh after completion of investigation. 3. The second application of the petitioner BLAPL No. 4153 of 2024 had been dismissed on 23.05.2024 granting liberty to the petitioner to move for bail afresh in case there is delay in completion of the trial. Page 1 of 6 4. Thereafter, the petitioner had moved the learned Court below for bail and his prayer has been rejected by the learned 3rd Addl. Sessions Judge, Bhubaneswar on 28.08.2024 and the learned Court below has observed in its order that charge has been framed in the case, but trial is yet to commence and the petitioner has 15 criminal antecedents. 5. The case of the prosecution, in brief, is that on 06.01.2024 morning, while the S.I. of Police, Capital P.S. was performing patrolling duty alongwith his staff near forest park area, they noticed two persons moving near the back gate of the park. On suspicion, they searched the accused persons and during search 21 grams of brown sugar was seized from the possession of the present petitioner, and 23 grams of brown sugar was seized from the possession of the co-accused Biswaranjan Sahoo @ Alok (total 44 grams). As they could not produce any authority for possession of the brown sugar, the brown sugar was seized and they were arrested.
Legal Reasoning
6. Mr. Binaya Bhusan Routray, learned counsel for the petitioner submits that the petitioner is in custody since 06.01.2024 and he does not have any criminal antecedents under the NDPS Act or Orissa Excise Act. He further submits that the co-accused Biswaranjan Sahoo @ Alok has been granted bail by order dated Page 2 of 6 13.05.2024 passed in BLAPL No. 1862 of 2024. He further submits that as the total quantity of brown sugar seized in this case is about 44 grams, the bar under Section 37 of the NDPS Act will not be attracted for which he may be granted bail. He also submits that an affidavit has been filed by Rina Nath, mother of the petitioner stating that the petitioner has been granted bail in 10 out of 15 cases in which he is stated to be an accused and he has been acquitted in two cases namely Nayapalli P.S. Case No.299 of 2019 and Khandagiri P.S. Case No. 497 of 2019 and he has not been remanded in Mancheswar P.S. Case No. 327 of 2019 and Khandagiri P.S. Case No. 49 of 2018. 7. Mr. Satyabrata Panda, learned Additional Standing Counsel for the State opposes the prayer for bail stating that the petitioner is a hardened criminal, so he is likely to commit similar offence if he is released on bail. He further submits that he has not been able to obtain instructions if the averments in the affidavit regarding the release on bail / acquittal / not being remanded are correct. He also submits that he is not in a position to submit if the bail granted to the petitioner in any of the cases is still continuing. 8. The criminal antecedents of the present petitioner and the details of the bail orders / acquittal as per the affidavit filed on his Page 3 of 6 behalf by his mother are as follows:- “2. That, my son was arrested and forwarded in this case on dated.06.01.2024 and he has been granted bail in all cases pending against him except this case, that the following cases are pending against him; (1) That, in Capital PS Case No.284 of 2019, U/s. 392 of IPC, granted bail in BLAPL No.l318 of 2019, vide order dated.16.08.2019 by the court below. (ii) That, in Capital PS Case No.248 of 2019, U/s. 394 of IPC, granted bail in BLAPL No.1020 of 2019, vide order dated.06.08.2019 by the court below. (iii) That, in Capital PS Case No.285 of 2019, U/s. 379 & 34 of IPC, granted bail in BLAPL No.l351 of 2019, vide order dated.16.08.2019 by the court below. (iv) That, in Capital PS Case No.287 of 2019, U/s. 392 of IPC, granted bail in BLAPL No.1377 of 2019, vide order dated.23.08.2019 by the court below. (v) That, in Capital PS Case No.110 of 2019, U/s. 392 & 34 of IPC, granted bail in BLAPL No.889 of 2023, vide order dated.26.05.2023 by the learned 3rd A.D.J, Bhubaneswar. (vi) That, in Capital PS Case No.417 of 2019, U/s. 363 of IPC, granted bail in BLAPL No.1400 of 2019, vide order dated.26.08.2019. (vii) That, in Khandagiri PS Case No.497 of 2019, U/s. 304-A & 34 of IPC, acquitted. Page 4 of 6 (viii) That, in Khandagiri PS Case No.390 of 2019, U/s. 379 & 34 of IPC, granted bail by the court below. (ix) That, in Khandagiri PS Case No.49 of 2018, U/s. 394 & 307 of IPC, not remanded. (x) That, in Khandagiri PS Case No.417 of 2019, U/s. 379 of IPC, granted bail in BLAPL No.1618 of 2019, vide order dated.03.09.2019. (xi) That, in Saheed Nagar PS Case No.375 of 2019, U/s. 379 & 34 of IPC, granted bail in BLAPL No.1533 of 2019, vide order dated.31.08.2019. (xii) That, in Saheed Nagar PS Case No.369 of 2019, U/s. 379 & 34 of IPC, granted bail in BLAPL No.1452 of 2019, vide order dated.30.08.2011. (xiii) That, in Nayapalli PS Case No.299 of 2019, U/s. 498-A & 307 of IPC, acquitted. (xiv) That, in Dhauli PS Case No.104 of 2019, U/s. 379 & 34 of IPC, granted bail in BLAPL No.104 of 2019, vide order dated.30.08.2019. (xv) That, in Mancheswar PS Case No.327 of 2019, U/s. 392 & 34 of IPC, not remanded.” 9. Considering the nature of allegations against the petitioner, the quantity of brown sugar seized, Section 37 of the NDPS Act will not be a bar for consideration of the prayer for bail. 10. Neither the affidavit filed on behalf of the petitioner nor the Page 5 of 6 case diary reveal that the petitioner has any antecedents under the NDPS Act. Co-accused Biswaranjan Sahoo @ Alok has been granted bail in BLAPL No. 1862 of 2024. So, I am inclined to allow the prayer for bail. 11. The petitioner- Trilochan Nath @ Chiyaan shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, after verifying that he does not have any antecedents under the NDPS Act or Sections 274 and 275 of the IPC and that the information given in the affidavit which is extracted in paragraph 8 of this order, are correct, including the following conditions: (i) He will not indulge in any criminal activity while on bail. (ii) He will not threaten or try to influence prosecution witnesses while on bail. (iii) He shall furnish cash surety of Rs.7,500/-. (iv) He will remain present in the trial Court on each date fixed for trial 12. Violation of any condition will entail in cancellation of bail.
Decision
13. The BLAPL is disposed of. (Savitri Ratho) Judge Page 6 of 6 Sukanta Signature Not Verified Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 12-Dec-2024 19:58:43