Vijay Kumar Jaiswal Vs State of Odisha

Heard learned counsel appearing for the Petitioner and learned Additional Government Advocate 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 connection with T.R. No. 93/2 of 2023-24,, arising out of P.R. No. 43 of 2023-24 of SambalpurII, Excise Station, pending in the Court of learned Addl. Sessions Judge(LR & LTV), Sambalpur for alleged commission of offence punishable under Section 21(b)(ii)(C) of the NDPS Act.

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Learned counsel for the Petitioner submits that earlier this matter

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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 10.06.2023. Learned counsel for the Petitioner submitted that the investigation has been completed and the final charge-sheet has been filed on 06.12.2023. Further it was submitted that the Petitioner despite filing of such charge-sheet, the trial has not been commenced not a single defect has been examined. Learned counsel for the Petitioner also contended that the Petitioner does not have any similar criminal antecedent. In course of the argument learned counsel for the Petitioner referring to the FIR allegation submitted that the Petitioner was travelling with the car as a passenger. Therefore, the knowledge of the contraband article which was kept in the vehicle cannot be attributed to the Petitioner solely. On such ground learned counsel for the Petitioner submitted that, the bar under section 37 is not attracted to the facts of the present case. 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. 5. Learned counsel for the State on the other hand contended that the allegations made in the FIR are serious in nature. Learned counsel for the State opposed the release of the Petitioner in view of the nature and seriousness of allegation made against the Petitioner. Furthermore, he contended that the Petitioner is an outsider and there is a possibility that in the event he is released on bail he might not appear before the trial Court which might cause delay the conclusion of trial. Therefore, he submitted that the prayer for bail of the Petitioner be rejected at this juncture.

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Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on

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record, and the allegation made in the FIR, further taking into consideration, the fact that the charge-sheet has already been filed, and he does not have any similar criminal antecedent, this Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.50,000/(Rupees Fifty Thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter. Release of the Petitioner shall also be subject to following conditions:-

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I) The Petitioner shall also file an affidavit before the Trial Court indicating therein his residential details and other details like Aadhar No., Phone No. before the jurisdictional police station and the release of the Petitioner shall be subject to verification of the aforesaid details and such details as would be furnished by any relative of the Petitioner 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;

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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.

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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 PM. till conclusion of the trial.

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S.K. Rout

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Violation of any of the terms and conditions shall entail cancellation of bail.

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