Kartik Hazara 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.

¶18

The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with C.T. Case No.69 of 2024, arising out of Tikabali P.S. Case No.35 of 2024, pending in the Court of learned Special Judge-cum-Additional Sessions Judge, Balliguda, for alleged commission of offence punishable under Section 20(b)(ii)(C) of the N.D.P.S. Act.

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It is submitted by the learned counsel for the Petitioner that

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earlier this matter was not before any other Bench of this Court. He further submitted that the Petitioner is in custody since 09.03.2024. He further contended that as per the seizure list, 22 kgs. out of a total 34 kgs. of contraband Ganja have been recovered from five accused persons, therefore, the bar under Section 37 of the N.D.P.S. Act would not be attracted to the facts of the present case. It is further submitted that the Petitioner has one similar criminal antecedent, however, he is ready and will to abide by any terms and conditions imposed by this Court while on bail.

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Learned Additional Government Advocate appearing for the State-Opposite Party, on the other hand, opposed the release of the Petitioner on bail on the ground that allegations made against the Petitioner is serious in nature and the Petitioner is having one similar criminal antecedent. He further submitted that the cases of illegal transportation of contraband Ganja are on rise in State of Odisha now-a-days. However, the release of the Petitioner at this stage would create hindrance for early conclusion of the trial. Therefore, he submitted that the prayer for bail of the Petitioner be rejected at this juncture.

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Considering the submissions made by the learned counsels appearing for the respective parties and upon conspectus of the surrounding facts and circumstances involved in the present bail application as well as the materials on record and further keeping in view the fact that the bar under Section 37 of the N.D.P.S. Act would not be attracted in the facts of the present case, and the period of custodial detention, this Court is inclined to release the Petitioner on 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.35,000/-(Rupees Thirty Five Thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with other terms and conditions as would be deemed fit and proper by the Court in seisin over the matter.

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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 has any similar criminal antecedent of similar nature. In the event it is found that the Petitioner is having more than one criminal antecedent of similar nature, then this bail order shall automatically stand revoked.

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It is further directed that the bail granted to the Petitioner is subject to depositing of a cash security of Rs.5,000/- (Rupees Five Thousand) before the learned Court in seisin over the matter, which shall be kept in any Nationalized Bank in interest bearing account initially for a period of one year which will be renewable from time to time till conclusion of trial and the same shall be abide by the final outcome of the trial of the case.

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The BLAPL is, accordingly, disposed of.

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Issue urgent certified copy of this order as per Rules.

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( Aditya Kumar Mohapatra)

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Judge

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S.K. Rout

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Signature Not Verified

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Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Page 3 of 3. Location: High Court of Orissa, C utta ck Date: 17-Feb-2025 11:12:05

Kartik Hazara v. State of Odisha

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Kartik Hazara v. State of Odisha

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