Piush Biswas Vs State of Odisha

This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioners for bail in connection with Rourkela GRPS Case No. 32 of 2024, corresponding to T.R. Case No.34 of 2024, pending in the Court of the learned Sessions Judge -Cum- (Special Court) Sambalpur 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 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 15.03.2024. He contended that the investigation has progressed substantially. Further, referring to the allegations made in the F.I.R., learned counsel for the Petitioner submitted that keeping in view the quantity of ganja seized, i.e., 24 kgs. 400 gms., was

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recovered from the Petitioner while he standing in the railway platform. Since the Petitioner was standing he has been apprehended in the present case. He further submitted that the Petitioner does not have any similar criminal antecedents. Further he contends that the petitioner do not belong to State of Odisha, therefore, the Petitioner is ready and willing to abide by any 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 petitioners. He further submitted that the Petitioner belongs to State of West Bengal, therefore, release of the Petitioner will be difficult to ensure the appearance of the Petitioner before the Trial Court during trial. Further contends that the Investigation is still on. 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 the learned counsels appearing for the respective parties and on a careful examination of the surrounding facts and circumstances of the present case, further keeping the view the period of detention of the Petitioner in jail custody and the fact that the Petitioner does not have any similar criminal antecedent, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions.

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Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing 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 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 their residential details other details like Aadhar No., Phone No. before the jurisdictional police station & further release of the Petitioners shall be subject to verification of such details as would be furnished by any relative of the Petitioners 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; 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; 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 shall be subject to the condition that the court below shall verify the criminal antecedent of the Petitioner. In the event the Petitioner is having any similar criminal antecedents under the offences of NDPS Act, this bail order shall automatically stand revoked.

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