Single judge allowed bail to the petitioner charged under sections 276 and 120-B of IPC and sections 21(b) and 29 of N.D.P.S. Act, directing him to furnish a bond of Rs. 50,000 and two sureties.
Petitioner released on bail upon furnishing bond of Rs. 50,000 with two local solvent sureties each for the like amount.
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BLAPL No. 152 of 2021
Susil Kumar Mohanty ……. Petitioner -Vrs.- State of Odisha ……. Opp. Party
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with G.R. (Special) Case No.37 of 2020 arising out of Markatnagar P.S. Case No.228 of 2020 pending in the Court of learned Sessions Judge - cum- Special Judge, Cuttack for offences punishable under sections 276/120-B of the Indian Penal Code read with sections 21(b)/29 of the N.D.P.S. Act.
The petitioner moved an application for bail before the Court of learned Sessions Judge -cum- Special Judge, Cuttack which was rejected on 07.01.2021.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 23.12.2020 and it appears from the materials available on record that brown sugar was seized from the possession of coaccused Baidyanath Behera and two other accused persons namely Nilakantha Naik and Manas Ranjan Naik and huge quantity of N-10 tables, Alzolan 0.5 tablets and Alprax 0.5 tablets were seized from the possession of coaccused Abid Khan and basing on the confessional statement of the said co-accused Abid Khan, the
medicine shop of the present petitioner was raided and from the shop of the petitioner, 3 strips of unused N-10 tablets (each strip containing 10 tablets), 4 strips unused Alzolan 0.5 tablets (each strip containing 20 tablets) and 15 strips of unused Alprax 0.5 tablets (each strip containing 15 tablets) were seized. Learned counsel for the petitioner submits that the type of medicine seized from the medicine shop of the petitioner does not make out any offence under section 276 of the Indian Penal Code under which the petitioner was forwarded to Court and since except the confessional statement of coaccused, there is no material to make out a case under section 120-B of the Indian Penal Code and investigation of the case has made substantial progress and the petitioner is a local man and there is no chance of absconding, the bail application may be favourably considered.
Learned counsel for the State opposed the prayer for bail and placed the first information report.
Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the type of medicine seized from the medicine shop of the petitioner and the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00
(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper with further conditions that the petitioner shall appear before the investigating officer as and when necessary and shall not try to tamper with the prosecution evidence in any manner and shall appear before the learned trial Court on each date when the case would be posted for trial. Violation of any of the terms and conditions fixed shall entail cancellation of bail.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
Sisir
…………………..……
1 issue framed by the court
Whether the petitioner should be granted bail in the N.D.P.S. offence.
3 provisions across 3 enactments
Susil Kumar Mohanty
State of Odisha
Sisir
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
