Rama Muduli Vs State of Odisha

The Petitioner is an accused in connection with Special T.R case No. 61 of 2022, pending in the Court of learned Addl. Sessions Judge-cum-Special Judge, Koraput, arising out of Machkund P.S. Case No.57 of 2022 for alleged commission of offences under Sections 20(b)(ii)(c) of NDPS Act

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

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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, Koraput by order dated 05.01.2024 in the aforementioned case, the present BLAPL has been filed.

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This is the second journey of the Petitioner to this Court. Earlier the bail application of the Petitioner was rejected by order

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dated 04.07.2023 in BLAPL No.1125 of 2023 since the same was during currency of investigation.

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It is submitted by the learned counsel for the Petitioner that while submitting the final form on 29.11.2022 keeping the investigation open the Petitioner has not been cited as an accused and he was later taken into custody on 06.12.2022 on the basis of statement of the co-accused one Umesh Babu.

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It is brought to the notice of this Court that charge sheet qua the Petitioner has been filed on 01.06.2023.

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Learned counsel for the Petitioner submits that since the accusation is on account of the co-accused statement and there is no other material to connect the Petitioner with the alleged offence, his further continuance in custody is unwarranted and in this context, he relies on the dictum of the apex Court in the case of Tofan Singh vrs. State of Tamil Nadu , reported in (2021) 4 SCC 1 and the State of Haryana vrs. Samarth Kumar reported in 2022 Live Law (SC) 622 .

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Per contra, learned counsel for the State opposes the prayer for bail and referring to the recent order Apex Court in the case of State by the Inspector of Police vs. B. Ramu arising out of SLP(Crl.) No(s).8137 of 2022 submits that since charge sheet has already been filed prima facie, case is made out. Hence, the Petitioner ought not to be released on bail in view of the rigors of Section 37(1)(b)(ii) of NDPS Act.

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On query of this Court regarding any other material including CDR, learned counsel for the State places on record, the instructions dated 19.03.2024 and the same is taken on record and be treated as part of this order.

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9-A. On perusal of the same, it is seen “there is no entry found in CDR list on his name as well as no Bank Account detail has been found against him so far”.

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Learned counsel for the Petitioner further submits that the Petitioner is the first offender.

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Considering the same and keeping in view the nature of accusation, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin subject to verification of criminal antecedent.

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If it comes to fore that the Petitioner has criminal antecedent of any nature, this order shall not be given effect to. 13. Additionally it is directed that, the Petitioner shall appear before the jurisdictional police station once every month 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 Court in seisin.

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Signature Not Verified

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Digitally Signed Signed by: AYESHA ROUT Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 22-Mar-2024 19:31:02

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Rama Muduli v. State of Odisha

Case brief

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Rama Muduli v. State of Odisha

Case brief

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