Prasanta Parida Vs State of Odisha

On the prayer of the learned counsel for the Petitioner, he is permitted to correct the case number as has been reflected in the body of the bail application.

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Accordingly, the corrected copy of the bail application be e-filed by tomorrow.

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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 in

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Page 1 of 4.

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connection with T.R. Case No.314 of 2024, arising out of Khurda Road GRPS Case No.65 of 2024, pending in the Court of learned Sessions Judge, Khurda at Bhubaneswar, for alleged commission of offences punishable under Sections 20(b)(ii)B of N.D.P.S. Act, 1985.

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It is submitted by the learned counsel for the Petitioner that earlier this matter was not before any other Bench of this Court. He further submitted that the Petitioner is in custody since 04.06.2024. He further submitted that as per F.I.R. allegation, a total quantity of 20 Kgs of contraband Ganja was recovered from the possession of the Petitioner. The aforesaid fact is evident from the seizure list which has been attached to the bail application as Annexure-2. Learned counsel for the Petitioner further contended that the Petitioner, who is aged about 22 years, is languishing in judicial custody since 04.06.2024 and a young boy and having no similar criminal antecedent. He further contended that the Petitioner belongs to the locality, therefore, there is no chance of his absconding. Learned counsel for the Petitioner further disputed the alleged seizure from the exclusive and conscious possession of the present Petitioner. Therefore, the bar under Section 37 of the N.D.P.S. Act would not be attracted to the facts of the present case. On such ground, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and conditions that would be imposed by this

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Court which he shall 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 investigation is on. He further submitted that in the event the Petitioner is released on bail, there is every likelihood he might abscond from justice which would eventually cause delay in conclusion of the investigation as well as trial.

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Considering the submissions made by the learned counsels appearing for the respective parties and upon a conspectus of the surrounding facts and circumstances involved in the present bail application, this Court is inclined to release the Petitioner on bail.

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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. The release of the Petitioner shall also be subject to such other terms and conditions as would be fixed by the Court in seisin over the matter. 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 has any criminal

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Page 3 of 4.

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antecedent of similar nature. In the event it is found that the Petitioner is having any criminal antecedent of similar nature, then this bail order shall automatically stand revoked.

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