Sanjib Kumar Sahu Vs State of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.268 of 2024

*1) Sanjib Kumar Sahu*	.....	*Petitioner*
		Represented By Adv. – Mr. D.P. Nanda, Sr. Advocate along with Mr. Debendra Kumar Dhar, Advocate,
	-versus-
*1) State Of Odisha*	.....	*Opposite Party*
		Represented By Adv. –
		Mr. Debasish Nayak, A.G.A.

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

04.04.2024

Order No.

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

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Heard learned Senior Counsel appearing for the Petitioner as well as learned Additional Government Advocate appearing for the State-Opposite Party. Perused the materials placed before this Court.

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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 G.R. Case No.912 of 2023, arising out of Angul P.S. Case No.316 of 2023, pending in the Court of

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learned S.D.J.M., Angul, for alleged commission of offences punishable under Sections 276/ 468/ 483/ 486/ 326/34 of I.P.C.

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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 since 30.11.2023. He further contended that in the meantime investigation has been concluded and charge sheet has been filed on 27^th January, 2024. He also contended that the Petitioner does not have any similar criminal antecedent. In course of his argument, learned Senior Counsel appearing for the Petitioner, referring to the materials on record, submitted that the Petitioner is a retailer who had purchased the drugs from the stockist. He further contended that the sample of the stock, which was sold to the customer, matches with the stock kept in the godwon of the stockist. In such view of the matter, it was submitted that the Petitioner had neither adulterated the drug nor did he have any knowledge or information that the same has been adulterated in any manner. In such view of the matter, learned counsel for the Petitioner submitted that taking into consideration the fact that the Petitioner is in custody since 30.11.2023 and that in the meantime charge sheet has been filed, the Petitioner be released on bail on any

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terms and conditions which he shall abide by while on bail.

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Learned Additional Government Advocate appearing for the State-Opposite Parties, on the other hand, contended that on examination by the Government Laboratory, it was found that the drug which was sold to the customer was spurious. Therefore, offence alleged in the F.I.R. is very serious in nature. He further contended that the Involvement of the Petitioner and seriousness and gravity of the offence committed by the Petitioner is a matter of trial. Therefore, at this stage, it cannot be said that the Petitioner not guilty of the offence. In view of the aforesaid submission, learned Additional Government Advocate submitted that the bail application of the Petitioner be rejected at this juncture.

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Having heard the learned counsels appearing for the respective parties and on a careful examination of the materials on record as well as the seriousness and gravity of the offence and further taking into consideration the fact that the Petitioner is in custody since 30.11.2023 and the fact that in the meantime investigation has been concluded and charge sheet has been filed, this Court is inclined to release the Petitioner on bail.

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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

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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 such other terms and conditions as would be imposed by the Court in seisin of the matter. Violation of any of the aforesaid terms and conditions shall entail cancellation of bail.

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