Nalu @ Nalumuddin Khan Vs State of Odisha

Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State. Perused the materials placed before this Court.

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This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Bolagada P.S. Case No.01 of 2024 corresponding to T.R.Case No.1 of 2024 pending in the Court of the learned 1^st Additional Sessions Judge-cum-Special Judge under NDPS Act, Khordha for alleged commission of offence under Sections 21(b)/29 of N.D.P.S.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 languishing in custody since 03.01.2024. It is also contended by the

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learned counsel for the Petitioner that investigation has been concluded and final Charge Sheet has been submitted. It is also contended that as per F.I.R. a total quantity of 9.84 grams of contraband brown sugar has been recovered from the possession of the present Petitioner, which is disputed by the learned Additional Standing Counsel, who submitted that total 9.84 grams of contraband brown sugar was recovered which has been mentioned in the F.I.R. Learned counsel for the Petitioner also contended that the Petitioner belongs to the locality and he does not have any criminal antecedents. On such ground, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and conditions.

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Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, opposed the release of the Petitioner on bail on the ground that allegations made against the Petitioner are serious in nature. He further submitted that the cases of illegal transportation of contraband article are on rise in State of Odisha now-a-days. Therefore, no leniency should be shown to the accused persons who are involved in such type of offence. In such view of the matter, it is submitted that the prayer for bail of the Petitioner be rejected at this juncture.

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Having heard learned counsels for the parties, on a careful examination of the case record as well as materials available on record, further taking into consideration the period of custodial detention and the fact that bar under section 37 of the Act is not attracted to the fact of the present case and further taking into consideration the fact that investigation has been concluded, this Court is inclined to grant bail to the Petitioner and it is directed that let the Petitioner be released on bail in the aforesaid case on

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furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter with the following conditions:

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i) The Petitioner shall not indulge in similar nature of offence while on bail.

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ii) shall appear before the trial Court on each and every date of posting without fail.

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iii) shall appear before the concerned P.S. once in a fortnight for a period of three months on Sunday between 10 A.M. to 1 P.M. and thereafter once in a

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month till conclusion of the trial.

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iv) Violation of the condition shall entail cancellation of bail.

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It is also directed that the bail granted to the Petitioner is subject to the verification of criminal antecedents of similar nature by the court in seisin over the matter. In the event it is found that the Petitioner has any criminal antecedents of similar nature, this bail order shall not be given effect to.

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