Allowed¶25

Balamunkunda Behera v. State of Odisha

Bail – NDPS Act

Orissa HC10 Apr 2024BLAPL/1719/2024

Download

Case brief

AI extract

What is this about?

Orissa High Court (V. Narasingh, J.), 10.04.2024, BLAPL No.1719 of 2024: bail granted to Balamunkunda Behera, accused under Section 20(b)(ii)(C) NDPS Act in C.T. Case No.35 of 2023 (Baliguda P.S. Case No.80 of 2023), first offender in custody since 29.03.2023 with only 4 of 23 witnesses examined; third bail application allowed despite Section 37(1)(b)(ii) NDPS bar and State's reliance on B. Ramu (SLP(Crl.) 8137/2022); conditions include antecedent verification and monthly police-station appearance; BLAPL stands disposed of.

What did the court decide?

Petitioner to be released on bail on terms to be fixed by the learned court in seisin, conditional on verification of criminal antecedents (order inoperative if any antecedent exists) and subject to monthly appearance before the jurisdictional police station till conclusion of trial.

Balamunkunda Behera Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

What the court decided

AI extract

Outcome

¶25

Issue for consideration

Whether the Petitioner, an accused under Section 20(b)(ii)(C) of the NDPS Act who is in custody since 29.03.2023, is a first offender, and whose trial is likely to linger with only 4 of 23 witnesses examined, should be released on bail notwithstanding the bar under Section 37(1)(b)(ii) of the NDPS Act urged by the State.

¶21

Ratio / Principle

Taking into account that the Petitioner is a first offender, is in custody for more than a year, and 20 more witnesses remain to be examined so the trial is likely to linger, this Court directs the Petitioner to be released on bail on terms to be fixed by the learned court in seisin.

¶25

Key takeaways

Before release, the learned Court in seisin is to verify the Petitioner's criminal antecedents; if any criminal antecedent comes to the fore, this order shall not be given effect to.ratio¶27
As an additional direction, the Petitioner shall appear before the jurisdictional police station once every month, on date and time fixed by the learned Court in seisin, till conclusion of trial, with certification of such appearance submitted to the Court in seisin.ratio¶28
The observations in the order are only for the purpose of consideration of bail and are not to be understood as this Court expressing any opinion on the complicity of the Petitioner, which is to be adjudicated independently at trial.

Detailed headnote1 paragraphs

Bail - NDPS Act - Offence under Section 20(b)(ii)(C) NDPS Act (Baliguda P.S. Case No.80 of 2023) - Third bail application before the High Court, earlier ones rejected on 26.04.2023 (BLAPL No.4164 of 2023) and 08.11.2023 (BLAPL No.11087 of 2023) - Petitioner in custody since 29.03.2023 and a first offender - Only 4 of 23 cited witnesses examined, P.W.2 (chance witness) having resiled and P.W.4 not supporting the prosecution - State opposed bail invoking the bar under Section 37(1)(b)(ii) NDPS Act and relying on State by the Inspector of Police vs. B. Ramu (SLP(Crl.) No(s).8137 of 2022) - Held, considering first-offender status, custody of over a year and likelihood of trial lingering with 20 witnesses remaining, release on bail directed on terms to be fixed by the court in seisin - Conditions: verification of criminal antecedents before release (order inoperative if antecedents exist) and monthly appearance before jurisdictional police station till conclusion of trial - Observations confined to bail consideration only.

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 1719 of 2024

¶2

Balamunkunda Behera

¶3

… Petitioner

¶4

Mr. T. Barik, Advocate

¶5

-versus-

¶6

State of Odisha

¶7

… Opposite Party

¶8

Mr. T.K. Praharaj, SC

¶9

CORAM: JUSTICE V. NARASINGH

ORDER

10.04.2024

Order No.

Heard learned Counsel for the Petitioner and learned counsel for the State.

¶15

The Petitioner is an accused in connection with C.T. Case No.35 of 2023, pending before the learned Special Judge-cumAdditional Sessions Judge, Baliguda, arising out of Baliguda P.S. Case No.80 of 2023 , for commission of alleged offences under Section 20(b)(ii)(C) of NDPS Act.

¶16

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.

¶17

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge-cum-ADJ, Baliguda by order dated 06.04.2023 in the aforementioned case, the present BLAPL has been filed.

¶18

This is the third journey of the Petitioner to this Court. The earlier bail application of the Petitioner was rejected by order dated

¶19

Page 1 of 3

¶20

26.04.2023 in BLAPL No.4164 of 2023 since the same was during the currency of investigation and thereafter the bail application of the Petitioner was rejected by order dated 08.11.2023 in BLAPL No.11087 of 2023.

¶21

It is submitted by the learned counsel that the Petitioner is in custody since 29.03.2023 and as the trial is lingering, he may be released on bail.

¶22

It is submitted by the learned counsel for the Petitioner that in the meanwhile 4 witnesses out of 23 cited witnesses have been examined and he draws the attention to this Court to the statement of P.W.2-Purushatam Behera who is a chance witness and resiled and as well as that of P.W.4-Trinath Nayak who has not supported the prosecution. Hence, he prays that the bail application of the Petitioner may be favorably considered.

¶23

Learned counsel further submits that the Petitioner is the first offender, hence his further continuance in custody is unwarranted.

¶24

Learned counsel for the State opposes the prayer for bail in view of the bar contained in Section 37(1)(b)(ii) of NDPS Act and also relying on the order of the Apex Court in the case of State by the Inspector of Police vs. B. Ramu in SLP(Crl.) No(s).8137 of 2022 dated 12.02.2024 submits that since charge sheet has been filed, prima facie case is well made out. Hence, the Petitioner ought not to be released on bail.

¶25

Taking into account that the Petitioner is the first offender and as he is in custody for more than a year and since 20 more witnesses are to be examined for which the trial is likely to linger, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin.

¶26

Page 2 of 3

¶27

Before releasing, learned Court in seisin is requested to verify the criminal antecedent of the Petitioner. If it comes to the fore that the Petitioner has any criminal antecedent, this order shall not be given effect to.

¶28

Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every month 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.

¶29

It is needless to state here that the observations made herein are only for the purpose of consideration of bail and ought not to be understood as this Court expressing any opinion regarding the complicity of the Petitioner and the same has to be adjudicated independently in the impending trial.

¶30

Accordingly, the BLAPL stands disposed of.

¶31

Urgent certified copy of this order be granted as per the

¶32

rules.

¶33

(V. NARASINGH) Judge

¶34

Ayesha

¶35

Signature Not Verified

¶36

Digitally Signed Signed by: AYESHA ROUT Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 11-Apr-2024 12:24:02

¶37

Page 3 of 3

Balamunkunda Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Balamunkunda Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Chandra Khila Vs State of Odisha

Dambaru Khilla Vs State of Odisha

Umashankar Panigrahi Vs State of Odisha

Phagudev Samal Vs State of Odisha

Raka @ Rakesh @ Nursingha Charan Jena Vs State of Odisha

Anantadan Baipari Vs M/S.O.F.D.C.Ltd.