Nitin Choudhury @ Nitin Chaudhary Vs State of Odisha

This matter is taken up through Hybrid arrangement (video conferencing/physical mod e ). Heard le a rned counsel for the petitioner and learned counsel for the State.

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This is an application under section 439 o f Cr.P.C. in connection w ith Kesinga P. S Case no 329 of 2021 was registered c orresponding to C.T case no 5 2 of 2021 (NDPS) pendin g in the Court of learned Speci a l Judge, Kalahandi, Bha w anipatna for offences punisha b le under sections 20(b)(ii)(C) and 29 of the N.D.P.S. Act.

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The petiti o ner moved an application for b a il before the Court of learned Special Judge, K a lahandi, Bhawanipatna, w hich was rejected on 06.04.20 2 3.

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Learned c ounsel for the petitioner submi t ted that the petitioner was taken in to judicial cu s tody on 06.09.2021 an d when the petitioner earlier ap p roached this Court for b ail in BLAPL No.4269 of 2022, as per order dated 20.02.2023, while rejecting the p r ayer for bail, the learne d trial Court was directed to exp e dite the trial and conclude the same within a perio d of six months from t h e date of receipt of a copy of t he order and the petitio n er was given liberty to renew t h e prayer for bail if the t r ial is not concluded within the a foresaid period. Learned counsel further submitted that she has received instru c tion that in the learned trial Court, only four witnesses h ave been examined and in vie w of slow progress of trial, the bail application may be favourably reconsidered.

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Learned trial Court has also furnished t h e status report from which it appears that four witnes s es have been examined.

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Learned counsel for the State as per the direction of this Court, r e ceived the names and documen t s of two local sureties and verified the same thro u gh the Inspector in-ch a rge of Kesinga police station a n d as per the written rep o rt dated 26.08.2023, it is found that the two sureties ar e genuine and their identity is co r rect and they are willing to be the sureties for the petitioner. It is

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further mentio n ed therein that the sureties are not involved in any criminal case. The written inst r uction is taken on record.

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Consideri n g the submissions made by th e learned counsel for th e respective parties, since co m mercial quantity of gan j a has been seized and in view of the bar under section 3 7 of the N.D.P.S. Act, while not inclining to release the p etitioner on bail on merit, but taking into account the p e riod of detention of the peti t ioner in judicial custod y and the slow progress of tri a l, I am inclined to release the petitioner on interim b ail for a period of thre e months from the date of rele a se. The petitioner shall surrender before the learned t r ial Court immediately on expiry of the three months peri o d.

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For the a b ove period, let the petitioner be released on interim bail in the aforesaid case on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) w ith two local solvent s u reties each for the like amou n t to the satisfaction of the learned Court in seisin o ver the matter with fur t her terms and conditions as th e learned Court may d e em just and proper inclu d ing the conditions that he shall not indulge in any criminal activities and s h all appear before the learned t r ial Court on each date t o which the case would be poste d for trial during the inte r im bail period.