Sudhansu Mohanty Vs State of Odisha

Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the StateOpposite 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 in connection with Special G.R. No.38 of 2024, arising out of Sonepur P.S. Case No.-136 of 2024, pending in the Court of learned Sessions -cum-Special Judge, Sonepur for alleged commission of offences punishable under Sections 20(b)(ii)(C)/25/29 of the N.D.P.S. 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

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Petitioner is in custody since 11.04.2024. Further contended that the investigation has been progressed substantially. It is also contended by the learned counsel for the Petitioner that the Petitioner along with her wife was going by an auto rickshaw, in which the contraband articles were recovered. He further contended that the Petitioner had no knowledge about the contraband articles kept in the auto rickshaw. He further submitted that the Petitioner does not have any similar criminal antecedent. It was contended that the Petitioner belongs to locality and there is no chance of absconding. Learned counsel for the Petitioner submitted that the co-accused, the wife of the present Petitioner, has already been released on bail vide order dated 09.05.2024 passed by this Court in BLAPL No.4464 of 2024. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and condition which the Petitioner undertakes to abide by while on bail.

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Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, opposed the release of the Petitioner on bail on the ground that in the event the Petitioner is released on bail, there is a possibility that he might be involved in similar criminal offences. Learned Additional Standing Counsel submitted that nature of allegation and the contraband used in the present case is itself a threat to the society. Therefore, he submitted that the prayer for bail of the Petitioner be rejected at this juncture.

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Having heard the learned counsels appearing for the

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respective parties and on a careful examination of the surrounding facts and circumstances of the present case and further keeping in view the fact that the Petitioner does not have 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 Court in seisin over the matter.

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It is open for the Court in seisin over the matter to impose any other conditions as may be deemed just and proper. Violation of any other conditions shall entail the cancellation of the bail application.

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It is further directed that the bail granted to the Petitioner is subject to depositing a cash security of Rs.3,000/- (Rupees three thousand) before the learned Court in seisin over the matter, which shall be kept in any Nationalized bank in interest bearing account initially for a period of one year which will be renewable from time to time till conclusion of trial and the same shall be abide by the final outcome of the trial of the case.

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It is further directed that the bail granted to the Petitioner be subject to the condition that the court below shall verify the criminal antecedent of the Petitioner. In the event it is found that the Petitioner is having more than one criminal antecedent involving the offence under NDPS Act, then this bail order shall

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automatically stand revoked.

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