Ranjan Bhoi 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 on record.

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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. Case No.464 of 2023, arising out of El & EB Unit-1, Cuttack, P.R. No. 305/2023 2024 dated 04.093.2023, pending in the Court of learned 2^nd Additional Sessions Judge, Bhubaneswar, for alleged commission of offence punishable under Section 21(b) of the NDPS Act.

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

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since 04.09.2023. He further submitted that the present bail application of the Petitioner is the second bail application as the earlier one was withdrawn by the Petitioner. Learned counsel for the Petitioner further contended that in the meantime investigation has been concluded and charge sheet has been filed. He further contended that the trial may not be commenced in near future. Therefore, the detention of the Petitioner in custody cause prejudiced to the Petitioner. Learned counsel for the Petitioner also contended that the Petitioner does not have any similar criminal antecedent. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail in any terms and conditions.

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Learned Additional Government Advocate appearing for the State-Opposite Parties, on the other hand, opposed the prayer for bail of the Petitioner. He further contended that considering the seriousness and gravity of the offence, the Petitioner is not entitled to be released on bail. It was further contended that illegal trafficking of contraband drugs are rise in the State of Odisha. Therefore, no leniency should be shown to the Petitioner. On such ground, learned Additional Government Advocate submitted that the bail application of the Petitioner be dismissed.

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Having heard the learned counsels appearing for the respective parties and on a conspectus of surrounding facts and circumstances of the present case and further taking into consideration the fact that the quantity of contraband articles recovered is less than commercial quantity, the bar under

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Section 37 would not be attracted. Moreover, in the meantime investigation has been concluded and charge sheet has been filed. Further, keeping in view the fact the Petitioner does not have any criminal antecedent, this Court is inclined to release the Petitioner on bail subject to stringent conditions.

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Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.40,000/(Rupees forty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter. The release of the Petitioner shall also be subject to the 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;

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III. he shall not make any default in attending the court during trial;

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IV. he shall appear before the concerned Police Station once in a month preferably on ‘Sunday’ in between 10.00 A.M. to 1.00 P.M. till conclusion of trial; and

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V. he 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

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time to time.

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

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It is open for the court in seisin over the matter to impose any other conditions as may be deemed just and proper.

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It is further directed that the bail granted to the Petitioner is subject to the condition that learned court below shall verify whether the Petitioner has any criminal antecedent of similar nature. In the event it is found that the Petitioner has any criminal antecedent of similar, this bail order shall automatically stand revoked.

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It is made clear that if the Petitioner fails to attend the

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court on the date fixed on a single occasion, this order shall stand automatically revoked and the learned court below is at liberty to issue N.B.W. against the Petitioner forthwith.

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The Bail Application is accordingly disposed of.

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Urgent certified copy of this order be granted on proper application.

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( A.K. Mohapatra) Judge

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Signature Not Verified

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Digitally Signed Debasis Signed by: DEBASIS AECH Reason: Authentication Location: OHC, CUTTACK. Date: 21-Mar-2024 10:53:42

Ranjan Bhoi v. State of Odisha

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Ranjan Bhoi v. State of Odisha

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