2. Learned counsel for the petitioner submits that there is recovery of G
anja from the Bolero vehicle and the petitioner was not travelling in the said vehicle and not
hing has been seized from his exclusive conscious possession. He further submits that the peti
tioner was going by a motorcycle, but suspecting his involvement, he has been falsely implicat
ed in this case for which lenient view may be taken to release the petitioner on bail on any
condition as deemed just and proper. Learned State Counsel opposes the prayer for bail.
3. Considering the submissions of learned counsel for the respective parti
es regard being had to the facts and circumstances of the case including the fact that there i
s no seizure of any Ganja from the exclusive conscious possession of the petitioner, fact that
the Ganja has been seized from the Bolero vehicle of which the petitioner was not a passenger
even and the fact that the petitioner being a local person, there is no chance of his abscond
ing or influencing the witnesses, let the petitioner be released on bail on furnishing bail bo
nd of Rs.50,000.00 (rupees fifty thousand) with two solvent sureties each for the like amount
to the satisfaction of the learned District and Sessions Judge-cum-Special Judge, Phulbani in
Special G.R. Case No.79 of 2016 with the condition that (1) The petitioner shall appear before
the IO at 10:00 AM on each Sunday till submission of the final form; (ii) he shall not tamper
with the prosecution witnesses directly or indirectly and (iii) he shall not commit any offen
ce while on bail.
