Nila @ Nilamani Meher Vs State of Odisha

Heard learned counsel for the Petitioner as well as learned Additional Government Advocate 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 Belpada P.S.Case No.206 of 2023 corresponding to G.R.Case No.828 of 2023 pending in the Court of the learned S.D.J.M., Patnagarh for alleged commission of offence under Sections 272, 274, 275, 120-B of the Indian Penal Code.

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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 17.11.2023. It is further contended that

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in the meantime Charge Sheet has already been filed after conclusion of trial. It is further contended that 25 numbers of open eskuf cough syrup bottles were recovered from the exclusive and conscious possession of the Petitioner. However, no case under the provision of NDPS Act has been registered. The Petitioner has been booked for commission of offence under sections 272, 274, 275 read with Section 120-B of the Indian Penal Code. Further, it is contended that although the Petitioner is having many similar criminal antecedents, however has been falsely implicated in the present case. Further, it is contended that the Petitioner be released on bail on any terms and conditions that may be imposed by this Court in the event of the Petitioner released on bail.

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Learned Additional Government Advocate appearing for the State-Opposite Party, on the other hand, objected to the release of the Petitioner on bail on the ground that the Petitioner is having many similar criminal antecedents. He further contended that in the event the Petitioner is released on bail there is every possibility of his indulgence in similar nature of offence. It is also contended that the Petitioner may abscond in the event of his release on bail which eventually cause delay in conclusion of trial. On such ground learned counsel for the State rejected the bail application of the Petitioner on bail at this juncture.

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Having heard learned counsels for the respective parties, on careful examination of materials on record as well as considering the gravity and seriousness of the allegation made and taking into consideration the custodial detention of the Petitioner and the fact that charge Sheet has already been filed, this Court is inclined to grant bail to the Petitioner and it is directed that let the Petitioner be

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released on bail in the aforesaid case on 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. Further, the release of the Petitioner shall also be subject to the terms and conditions that would be imposed by the learned court in seisin over the matter.

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. In addition to the above, the Petitioner shall furnish a cash security of Rs.5,000/- (Rupees Five thousand) before the Court in seisin over the matter which shall be kept in interest bearing fixed deposit account in the name of the court in any nationalized bank and renewed from time to time till disposal of the case. The said deposit shall be subject to the outcome of the trial.

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It is also directed that while imposing condition, the learned court below shall also impose a condition whereby the Petitioner shall appear before the concerned P.S. once in a week for a period of one month preferably on Sunday between 10 A.M. to 1 P.M. , once in a fortnight for a period of three months and once in a month till conclusion of trial in the aforesaid day, time and place.

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9. The BLAPL is, accordingly, disposed of.

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Issue urgent certified copy of this order as per Rules.

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( A.K. Mohapatra)

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Judge

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RKS

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Signature Not Verified Page 3 of 3. Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 19-Apr-2024 14:19:27

Nila @ Nilamani Meher v. State of Odisha

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Nila @ Nilamani Meher v. State of Odisha

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