Chandan Singh Vs State of Odisha

Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel 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 relating to P.R. No.192 of 2023-24, corresponding to 2(a)CC Case No.111 of 2023, pending before the learned Sessions Judge-cum-Special Judge, Cuttack for alleged commission of offence punishable under Section 20(b)(ii)(C) of NDPS Act.

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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 in custody since 07.07.2023. He further contended that the investigation has been

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completed and the final charge-sheet has been submitted. He also contended that however, the charge has been framed, the trial has not commenced. He also contended that the Petitioner does not have any criminal antecedent. Learned counsel for the Petitioner further contended that since the Petitioner not belongs to the State of Odisha, he is ready and willing to abide by any terms and conditions while on bail.

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Learned counsel for the State on the other hand contended that the allegations made in the FIR are serious in nature. Learned counsel for the State opposed the release of the Petitioner in view of the nature and seriousness of allegation made against the Petitioner. Therefore, he submitted that the prayer for bail 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, and the fact that the Petitioner does not have any similar criminal antecedent, and the period of custodial detention, this Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.35,000/- (Rupees Thirty Five Thousand) with one local solvent surety for the like amount to the satisfaction of the learned court in seisin over the matter. Release of the Petitioner shall also be subject to following conditions:-

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i) The Petitioner shall also file an affidavit before the Trial Court indicating therein his residential details and other details like Aadhar No., Phone No. before the jurisdictional police station and the release of the Petitioner shall be subject to verification of the aforesaid details and 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

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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 PM. 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 similar criminal antecedent. In the event it is found that the Petitioner is having any similar criminal antecedent, this bail order shall automatically stand revoked. Violation of any of the terms and conditions shall entail cancellation of bail.

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