Sunil@Bishikeshan Putel Vs State of Odisha

Instant petition under Section 439 Cr.P.C. is filed for release of the petitioner on bail in connection with G.R. Case No.226 of 2023 corresponding to Khaparakhol P.S. Case No.42 of 2023 pending in the file of learned S.D.J.M., Patnagarh registered under Sections 274, 275 and 276 read with Section 120-B IPC on the grounds stated therein.

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Mr. Mohapatro, learned counsel for the petitioner submits that some of the accused persons are on bail by the Court’s order dated 26^th April, 2023 in BLAPL No. 4186 of 2023 as at Flag ‘A’. It is further submitted that in the meantime, the chargesheet is filed in the month of November, 2022 and in so far as the petitioner is concerned, he stands remanded as made to reveal from the

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chargesheet i.e. Annexure-2. According to Mr. Mohapatro, the petitioner is alleged to have supplied the contraband substance to the other accused persons from whom the recovery and seizure was made. It is also submitted that the petitioner has remained in judicial custody for nearly five months and since the investigation stands concluded, he should be allowed to go on bail.

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Mr. Tripathy, learned ASC for the State on the other hand submits that commercial quantity of Codeine Phosphate has been recovered with the seizure of Escuf syrup bottles from the other accused persons said to have been supplied by the petitioner, hence, therefore, he should not be enlarged on bail notwithstanding closure of investigation and filing of the chargesheet in the meantime,

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In course of hearing, Mr. Mohapatro, learned counsel for the petitioner fairly admits about criminal antecedents of the petitioner. It is brought to the notice of the Court that the petitioner is involved in four other criminal cases and all are of similar nature. However, it is claimed that on the basis of the statements of the coaccused persons, the petitioner has been implicated in the said cases.

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Gone through Annexure-2 and it reveals that the petitioner was remanded in the case. It is further revealed that the investigation was completed with the chargesheet filed in the month of November, 2023.

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Considering the contention of Mr. Mohapatro, learned counsel for the petitioner that the petitioner has been remanded in the case as well as in other cases and as in the meantime, the chargesheet is filed, though there has been criminal antecedents against him, the

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Court is of the considered view that since he has remained in judicial custody for nearly five months and being a local resident should be allowed to go on bail with stringent conditions. In other words, the Court is inclined to direct release of the petitioner with the following conditions.

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Hence, it is ordered.

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In the result, the petition under Section 439 Cr.P.C. stands allowed with a direction for release of the petitioner on bail in connection with G.R. Case No.226 of 2023 arising out of Khaparakhol P.S. Case No.42 of 2023 subject to him furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with two solvent sureties for the like amount each to the satisfaction of the learned S.D.J.M., Patnagarh, who shall be at liberty to impose such other suitable conditions as deemed just and necessary in the facts and circumstances of the case besides the following, such as, he shall attend the local P.S. once in a fortnight and continue to do so for a period of six months without fail.

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kabita

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