Allowed

Debadutta@Nakul Baral v. State of Odisha

Orissa HC19 Feb 2024BLAPL/253/2024

Case brief

AI extract

What is this about?

Bail application under Section 439 Cr.P.C. for an accused charged under Section 20(b)(ii)(C) NDPS Act with transporting over 21 kg of ganja along with co-accused. Considering pre-trial detention, release of co-accused, no reported criminal antecedents and that the petitioner was not apprehended from the spot, the court held Section 37 NDPS conditions satisfied and granted bail with conditions.

What did the court decide?

Bail granted on bond of Rs.1,00,000 with two local sureties, subject to attendance, travel restrictions, and fortnightly police reporting for six months.

Debadutta@Nakul Baral Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.253 of 2024

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Debadutta @ Nakul Baral …

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Petitioner

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Mr. A.S. Paul, Advocate -versus-

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State of Orissa

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… Opposite Party Mr. S.S. Kanungo, AGA

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CORAM: JUSTICE G. SATAPATHY

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Order No.

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01.

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ORDER(ORAL) 19.02.2024

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This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with T.R. Case No.91 of 2022 arising out of Begunia P.S. Case No.245 of 2022 pending in the file of learned 1st Additional Sessions Judge-cum-Special Judge under NDPS Act, Khordha, for commission of offences punishable under Sections 20(b)(ii)(C) of NDPS Act, on the main allegation of transporting 21Kgs and 365Grams of Contraband Ganja in a scooty along with two other co-accused persons.

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In the course of hearing of the bail application, Mr. A.S. Paul, learned counsel for the petitioner submits that even if the allegations on record are taken into consideration, no offence U/S.20(b)(ii)(C) of NDPS Act is attracted against the petitioner, since two persons are found in possession of the Contraband Ganja. It is

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further submitted by him that the petitioner having detained in custody since 29.12.2023, may kindly be granted bail.

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On the contrary, Mr. S.S. Kanungo, learned AGA, however, strongly opposes the bail application of the petitioner.

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After having considered the rival submissions and taking into consideration the nature and gravity of offence as alleged against the Petitioner, so also the accusations sought to be brought against him and keeping in view the manner and circumstance of recovery of the Contraband articles and the quantity of Contraband Ganja allegedly seized in this case being found to have been transported by three persons and regard being had to the pre trial detention of the petitioner since 29.12.2023 and taking into account the release of co-accused Arjun Baral and another on bail in BLAPL No. 4035 of 2023 and failure of the State to report any criminal antecedent against the Petitioner lastly, the petitioner being not apprehended from the spot along with Contraband articles, this Court, therefore, considering the petitioner to have satisfied the conditions of Sec. 37 of NDPS Act grants bail to the petitioner.

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Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs. 1,00,000/- (Rupees One Lakh) only with two local solvent sureties each for the like amount to the satisfaction of the learned Court in

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seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

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(i) the petitioner shall not commit any offence while on bail,

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(ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law,

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(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case by giving his present address of stay and

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(iv) the petitioner shall report attendance before the jurisdictional Police Station once in a fortnight preferably on 2^nd Sunday of each month in between 10 A.M. to 12 Noon for six(06) months from the actual date of his release from the custody.

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The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.

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It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future any offence under NDPS Act on

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prima facie accusations may be treated as a ground for cancellation of bail in this case.

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Accordingly, the BLAPL stands disposed of. 8. Issue urgent certified copy of the order as per Rules.

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(G. Satapathy) Judge

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Priyajit

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Signature Not Verified

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Digitally Signed Signed by: PRIYAJIT SAHOO Reason: Authentication Location: HIGH COURT OF ORI SSA Date: 20-Feb-2024 12:02:24

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Debadutta@Nakul Baral v. State of Odisha

Case brief

What is this about?

What did the court decide?

Debadutta@Nakul Baral v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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