Pramod Kumar Behera Vs State of Odisha

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 connection with T.R. Case No.564 of 2023, arising out of Nandankanan P.S. Case No.174 of 2023, pending in the court of the learned Sessions Judge, Khurda, for alleged commission of offence punishable under Section 20(b)(ii)(C)/29 of the N.D.P.S. Act, 1985.

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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 further submitted by the learned counsel for the Petitioner that the Petitioner

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is in custody since 07.01.2023. He further contended that in the meantime, investigation has been concluded and final charge sheet has been filed. Learned counsel for the Petitioner further contended that as per the F.I.R. allegation, total quantity of 40.305 Kgs. of contraband Ganja was recovered from the possession of two persons, who were travelling by a Maruti Alto Car. Learned counsel for the Petitioner further contended that the Petitioner does not have any similar criminal antecedent. It was also contended that the Petitioner belongs to the locality, therefore, there is no chance of his absconding. He further contended that taking into consideration the quantity of Ganja recovered from two persons and further taking into consideration the fact that the Petitioner does not have similar criminal antecedent, the Petitioner be released on bail on imposing any stringent terms and conditions.

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Learned Additional Standing Counsel appearing for the StateOpposite Party, on the other hand, opposed the release of the Petitioner on bail on the ground that allegations made against the Petitioner are serious in nature. He further submitted that the cases of illegal transportation of contraband Ganja are on rise in State of Odisha now-a-days. Therefore, no leniency should be shown to the accused persons who are involved in such type of offence. In such view of the matter, it is submitted that the prayer for bail of the Petitioner be rejected.

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Considering the submissions made by the learned counsels appearing for the respective parties and on a careful examination of the background facts and circumstances of the case as well as the fact that investigation has been concluded and final charge sheet has been submitted, this Court is inclined to release the Petitioner on

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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.40,000/-(Rupees forty 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 the condition that he shall appear before the local police station once in a fortnight, preferably on ‘Sunday’ in between 10.00 A.M. to 1.00 P.M., for a period of three months and thereafter once in a month till conclusion of trial.

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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 is having any criminal 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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