Nilanchala Dehury Vs State of Odisha

The Petitioner is an accused in C.T. Case No.38 of 2022 pending in the Court of learned Special Judge-cum-Addl. Dist & Sessions Judge, Balliguda arising out of K. Nuagaon P.S. Case No.49 of 2022 for commission of offence alleged under Sections 20(b)(ii)(C) of the N.D.P.S. Act.

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Learned counsel for the Petitioner, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner is pending in any other Court, relating to the aforesaid P.S. Case.

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Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge-cum-ADJ, Balliguda by order dated 13.12.2023 in the aforementioned case, the present BLAPL has been filed.

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This is the fourth journey of the Petitioner to this Court. Earlier the bail application of the Petitioner was disposed of by this

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Court by order dated 27.07.2022 in BLAPL No.6477 of 2022 since the same was during the currency of investigation. Thereafter, Petitioner moved this Court in BLAPL No.11469 of 2022 and while not entertaining the bail application of the Petitioner by order dated 22.02.2023, learned Special Judge was requested to conclude the trial within a period of four months. Thereafter, further Petitioner moved this Court in BLAPL No.7469 of 2023 and the same was disposed of by order dated 21.07.2023.

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It is submitted by the learned counsel that the Petitioner is in custody since 29.05.2022 on the allegation that he along with the co-accused were involved in transportation of contraband (ganja) to the tune of 87 Kg. 600 grams.

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It is submitted that in the meanwhile, the witnesses have been examined and the statements have been placed on record.

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Learned counsel for the Petitioner submits that P.Ws.9 and 10 are the independent witnesses and referring to the same, it is stated that the said independent witnesses have not supported the prosecution. Hence, further continuance of the Petitioner in custody is not warranted.

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It is his further submission that the Petitioner is the first offender.

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Learned counsel for the State opposes the prayer for bail and submits that it is not open for this Court to analyse the evidence on record in an ongoing trial and in view of the bar contained in Section 37(1)(b)(ii) of the NDPS Act, the bail application does not merit consideration.

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Considering the period of custody and that the independent witnesses, as referred to, have not supported the prosecution and the Petitioner is the first offender, this Court directs the Petitioner to be

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released on bail on such terms to be fixed by the learned Court in seisin.

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Before releasing, learned Court in seisin is requested to verify criminal antecedent of the Petitioner. If it comes to the fore that the Petitioner has any criminal antecedent , this order shall not be given effect to.

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Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the learned Court in seisin.

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Accordingly, the BLAPL stands disposed of.

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Urgent certified copy of this order be granted as per the

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rules.

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(V. NARASINGH)
Santoshi Judge

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Signature Not Verified

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Digitally Signed Signed by: SANTOSHI LENKA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 05-Mar-2024 20:27:14

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Nilanchala Dehury v. State of Odisha

Case brief

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Nilanchala Dehury v. State of Odisha

Case brief

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