Daphe @ Damodar Pradhan Vs State of Odisha

This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Section 20(a)(i) of NDPS Act in Spl. Case No.68 of 2021 (NDPS) of the Court of learned District & Sessions Judge-cum-Special Judge, Boudh arising out of Baunsuni P.S. case No.167 of 2021.

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It is stated by learned counsel for the Petitioner that as per the F.I.R. allegation, the Petitioner ran away from the spot after seeing the police team, who arrived at the spot to conduct the raid. He further submitted that the Petitioner is a poor labourer and he survives on the daily wages. He further contended that the Petitioner does not have any similar criminal antecedent. He further submitted

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that nothing has been recovered from the exclusive and conscious possession of the Petitioner, therefore, the bar under Section 37 of the NDPS Act would not be attracted to the facts of the present case. He further contended that the Petitioner belongs to the locality, therefore, there is no chance of his absconding.

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Learned Additional Standing Counsel appearing for the StateOpposite Party, on the other hand, objected to the release of the Petitioner on bail on the ground that the investigation is still on, therefore, the release of the Petitioner at this juncture would cause delay in conclusion of the investigation and filing of charge sheet. He further submitted that the cases of illegal transportation of contraband article 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 at this juncture.

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Considering the aforesaid facts of the case, further taking note of the fact that the Petitioner initially was not named in the F.I.R. and he has been subsequently implicated, this Court is not inclined to grant anticipatory bail to the Petitioner. However, it is observed that the Petitioner, if so advised, may surrender before the learned court in seisin over the matter, in the aforesaid case within four weeks from today. In the event the Petitioner surrenders and moves for bail within the aforesaid period, learned court in seisin over the matter, shall do well to dispose of the bail application of the Petitioner on the same day on merit in accordance with law. Further, while considering the bail application of the Petitioner, learned Court in seisin over the matter shall take into consideration the observations made hereinabove, particularly, the fact that the bar under Section 37

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Page 2 of 3.

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Anil

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would not be attracted to the facts of the present case. The case diary be made available to the concerned court to facilitate disposal of the bail application of the Petitioner.

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The ABLAPL is disposed of accordingly.

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Urgent certified copy of this order be granted as per rules.

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( A.K. Mohapatra) Judge

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Signature Not Verified

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Digitally Signed Page 3 of 3. Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 17-Jan-2025 17:48:22

Daphe @ Damodar Pradhan v. State of Odisha

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Daphe @ Damodar Pradhan v. State of Odisha

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