Ankit Kumar Vs State of Odisha

The Petitioner is an accused in connection with T.R. Case No.82 of 2020, pending on the file of learned Addl. Sessions Judgecum-Special Judge, Koraput arising out of Koraput Town P.S. Case No.341 of 2020, for commission of alleged offences under Section 20(b)(ii)(C) of the N.D.P.S Act.

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Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.

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Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge, Koraput by order dated 02.02.2024 in the aforementioned case, the present BLAPL has been filed.

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The earlier bail application of the Petitioner was rejected by order dated 17.05.2022 in BLAPL No.5982 of 2021 taking into account the nature of allegation.

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It is apt to note here that the Petitioner is taken into custody on 28.11.2020 on the allegation that he is involved in transportation of contraband (ganja) to the tune of 525 Kg. 90 grams.

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It is stated that the charge sheet in the case at hand has been filed on 21.5.2021.

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By order dated 9.2.2023 the bail application of the Petitioner was rejected in BLAPL No.8943 of 2022 taking note that out of 15 charge sheeted witnesses, 5 witnesses have been examined and the next date of posting was fixed to 13.03.2023 and 14.03.2023 and the learned Court in seisin was called upon to conclude the trial within a period of four months from the date of receipt/production of the said order.

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Further bail application of the Petitioner was not entertained by order dated 8.9.2023 in BLAPL No.6755 of 2023 taking note of the report submitted by the learned Court in seisin that the trial is likely to be concluded within a period of four months and accordingly direction was issued.

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It is the submission of the learned counsel that notwithstanding the earlier direction the trial is yet to be concluded and only one additional witness has been examined in the meanwhile.

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Learned counsel for the State opposes the prayer for bail in view of the bar contained in Section 37(1)(b)(ii) of the N.D.P.S Act and also relies on the order of the Apex Court in the case of State

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by the Inspector of Police vs. B. Ramu in SLP(Crl.) No(s).8137 of 2022 dated 12.02.2024.

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It is the further submission of the learned counsel for the State that since the Petitioner is flight risk, merely because of procrastination of trial, he ought not to be released on bail keeping in view the quantity of contraband seized.

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Taking note of the submission of the learned counsel for the Petitioner that the trial is lingering and in spite of the undertaking given by the learned Court in seisin to conclude the trial notwithstanding the repeated request by this Court, a report was called for from the learned Court in seisin. Such report dated 4.4.2024 is extracted hereunder:

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In compliance of the order of Hon’ble Court vide Order No.01 dated 27.03.2024 passed in BLAPL No.1707 of 2024 (Ankit Kumar –vrs- State of Odisha), arising out of T.R Case No.82 of 2020 corresponding to Koraput Town Case No.341 dated 28.11.2020 this is to submit that out of twenty one charge sheeted witnesses, six witnesses have been examined so far. Now the case is posted to 25.04.2024/26.04.2024 for trial.

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On a bare perusal of the same, it is seen that 6 witnesses have been examined so far.

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Taking into account the tardy progress in trial and the statement at the Bar that the Petitioner is a first offender and in view of his right to speedy trial, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned court in seisin over the matter.

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To allay the apprehension of the learned Public Prosecutor regarding ensuring the presence of the Petitioner during trial since he does not belong to the State of Odisha, additionally it is directed that one of the family members of the Petitioner shall execute the P.R bond in addition to the sureties in terms of the order of the learned Court in seisin and his criminal antecedent from P.S-Unnao, DistUnnao, State-Uttar Pradesh shall also be called for.

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If it comes to fore that the Petitioner has any criminal antecedent , this order shall not be given effect to.

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Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every two months on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

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The BLAPL thus stands disposed of.

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Urgent certified copy of this order be granted as per rules.

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(V. NARASINGH) Judge

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PKS

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Signature Not Verified

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Digitally Signed Signed by: PRADEEP KUMAR SWAIN Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 16-Apr-2024 15:41:42

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Ankit Kumar v. State of Odisha

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Ankit Kumar v. State of Odisha

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