Sujay Sarkar Vs State of Odisha

This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Rayagada Excise Range P.R No-151 of 2023-24 corresponding to T.R Case No-53 of 2023, pending in the Court of the learned Sessions Judge cum Special Judge, Rayagada for alleged commission of offence under Sections 20(b)(ii)(c) of NDPS Act.

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Learned counsel for the Petitioner submits that earlier this

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matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 19.12.2023. He further contended that in the meantime the investigation has been concluded & the charge sheet has been filed. It is also contended by the learned counsel for the Petitioner that keeping in view the quantity of ganja seized, i.e., 21 kg. 100gms. recovered from exclusive and concessive possession of the Petitioner. He further submitted that the Petitioner does not have any similar criminal antecedents. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.

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Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioner on the ground that such cases are increasing day-by-day and no leniency should be shown to the petitioner. He further submitted that the Petitioner belongs to State of West Bengal., therefore, release of the Petitioner be difficult to ensure the appearance of the Petitioner before the Trial Court during trial. In such view of the matter, he submitted that the bail application of the Petitioner be rejected at this juncture.

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Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, further taking into consideration the period of detention, this Court is inclined to release the Petitioner on bail on furnishing a bail

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

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I) The Petitioner shall also file an affidavit before the Trial Court with regard to indicating there his residential details other details like Aadhar No., Phone No. before the jurisdictional police station & further release of the Petitioner shall be subject to verification of such details as would be furnished by any relative of the Petitioner in the shape of an affidavit.

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II) he shall not be involved in any offence of similar nature while on bail;

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III) he shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever;

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IV) he shall not make any default in attending the court during trial on each date without fail;

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V) he shall appear before the concerned Police Station once in a fortnight preferably on ‘Sunday’ in between 10.00 A.M. to 1.00 P.M. till conclusion of the trial.

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Violation of any of the terms and conditions shall entail cancellation of bail.

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It is further directed that the bail granted to the Petitioner is subject to the condition that the court below shall verify whether the Petitioner is having any criminal antecedent of similar nature. In the event it is found that the Petitioner is having any similar criminal antecedent, this bail order shall automatically stand revoked.

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