Manash Pradhan Vs State of Odisha

This is an application U/S.483 of BNSS Act by the petitioners for grant of bail in connection with Daringbadi PS Case No. 224 of 2024 corresponding to CT Case No. 207 of 2024 pending in the Court of learned Special Judge-cum-Addl. District & Sessions Judge, Balliguda, for commission of offences punishable U/S. 20(a) (i) of the NDPS Act read with Sec. 61(2) of BNS read with Sec. 27(1)(a) of Orissa Forest Act, on the allegation of growing cannabis plant in jungle along with co-accused persons. 3. Heard, Mr. Mahesh Das, learned counsel for the petitioners and Mr. R.B. Mishra, learned Additional Public Prosecutor in the matter and perused the record. 4. This Court by an order passed on 07.01.2025 has sought for the criminal antecedent of the petitioners, but the IIC, Daringbadi has provided information relating to petitioner-Manash Pradhan to have no criminal

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antecedent, however, till date the instruction as to the criminal antecedent of other petitioners has not yet been received. On the other hand, the petitioners are in custody since 12.12.2024 and charge sheet has already been submitted in the meantime, wherein there is no reflection of criminal antecedent of any of these petitioners.

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In view of the above fact and after having considered the rival submissions and on going through the materials placed on record and regard being had to the pre-trial detention of the Petitioners in custody and keeping in view the right of the accused to be presumed innocent until proven guilty, this Court considers it proper to admit the petitioners to bail subject to verification of their criminal antecedent.

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Hence, the bail application of the petitioners stands allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) each with two solvent sureties for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

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(i) the petitioners shall not commit any offence while on bail,

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(ii) the petitioners in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with . In case the Petitioners fail without sufficient cause to appear in the Court in

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accordance with the terms of the bail, the learned trial Court may proceed against the Petitioners for offence U/S.269 of BNS,2023 in accordance with law ,

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(iii) the petitioners shall not leave the territorial jurisdiction of the trial Court without prior permission till disposal of the case by intimating his present address of stay to the concerned Court.

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(iv) the petitioners shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on a Sunday in each month in between 10 A.M. to 12 Noon for six (06) months from the actual date of release from the custody.

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The IIC of Jurisdictional Police Station shall not detain the petitioners unnecessarily after recording his attendance beyond the time as stipulated.

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It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioners without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for any offence under NDPS Act on prima facie accusations may be treated as a ground for cancellation of bail in this case.

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It is, however, observed that if any of these petitioners is having criminal antecedent of similar nature, the benefit of this order shall not be extended to them.

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