Sanjaya Kumar Nayak Vs State of Odisha

Heard learned counsel appearing for the Petitioner and learned Additional Government Advocate appearing for the State-Opposite Party. Perused the materials placed before this Court.

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The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with T.R. No. 32/2024, arising out of El & EB, Unit-I, Cuttack vide P.R. No. 545 of 2023-24, pending in the Court of learned District & Sessions Judge, Khordha at Bhubaneswar for alleged commission of offence punishable under Section 21(b) of the NDPS Act.

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Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 22.01.2024. Learned counsel for the Petitioner submitted that the

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investigation has been completed and the final PR has been filed on 18.03.2024. Learned counsel for the Petitioner further contended that as per allegation of the FIR, the total quantity of 162 grams of heroin has been recovered from the possession of the present Petitioner, such quantity of the contraband article recovered from the possession of the Petitioner is less than the commercial quantity, therefore, the bar under section 37 is not attracted to the facts of the present case. It was also contended that the Petitioner does not have any criminal antecedent. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and condition which the Petitioner undertakes to abide by while on bail.

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Learned counsel for the State on the other hand contended that the allegations made in the FIR are serious in nature. Learned counsel for the State opposed the release of the Petitioner in view of the nature and seriousness of allegation made against the Petitioner. Therefore, he submitted that the prayer for bail of the Petitioner be rejected at this juncture.

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Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, and taking into consideration of the fact that the alleged quantity of contraband article is less than the commercial quantity and the bar under section 37 is not attracted to the facts of the present case, and the fact that the Petitioner is in custody since 22.01.2024, and the fact that the Petitioner does not have any criminal antecedent, this Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.45,000/- (Rupees Forty Five Thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter. Release of the Petitioner shall also be subject to following conditions:-

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i) The Petitioner shall not be involved in any offence of similar nature;

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ii) he shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever; iii) shall not make any default in attending the court during trial on each date without fail;

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iv) shall appear before the concerned Police Station once every week for a month, thereafter once every fortnight for two months, thereafter once every month till the conclusion of trial; and

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v) shall not leave the jurisdiction of the Court in seisin over the matter and shall furnish his address and mobile number to the police from time to time.

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Violation of any of the terms and conditions shall entail cancellation of bail.

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