Sangram Keshari Prusty Vs State of Odisha

This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Malkangiri Sadar PS Case No.35 of 2024 corresponding to Spl. GR Case No.42 of 2024 pending in the file of learned Sessions Judge-cum-Special Judge, Malkangiri for commission of offences punishable U/Ss.20(b)(ii)(C)/25/27-A/29 of the NDPS Act, on the main allegation of assisting the co-accused to transport commercial quantity of contraband ganja by using his motor-cycle.

¶17

Heard, Mr. Manas Kumar Chand, learned proxy counsel appearing on behalf of Mr. Dibya Prakash Mishra, learned counsel for the petitioner and Mr. R.B. Mishra, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioner, Mr. Chand volunteers to withhold bail to the petitioner, if he is

¶18

Page 1 of 3

¶19

found to have any criminal antecedent of similar nature for commission of offence under NDPS Act.

¶20

After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the accusations sought to be brought against him and regard being had to the pre-trial detention of the petitioner in custody with submission of charge-sheet in the meantime and there being allegation against the petitioner for assisting the co-accused to transport the Contraband Article on his motor-cycle and keeping in view grant of bail to Nanda Suriya who was allegedly found in possession of contraband article, in BLAPL No.10937 of 2024 by a co-ordinate Bench of this Court and taking into account the mode and manner of implication of the present petitioner in this case with the petitioner being not found at the spot and he being not found in conscious possession of contraband article at the time of his apprehension, this Court considers that the petitioner has satisfied the conditions of Sec.37 of NDPS Act, which is sine qua non for grant of bail to an accused for commission of offences under NDPS Act involving commercial quantity.

¶21

4.1 For the reason stated hereinabove and taking into account the mode and manner of implication of the present petitioner in this case together with other circumstances on record in entirety, this Court without expressing any view on merit admits the petitioner to

¶22

Page 2 of 3

¶23

bail, but subject to verification of his criminal antecedents.

¶24

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) only with two solvent sureties each 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.

¶25

The aforesaid order is, however, subject to verification of the criminal antecedent of similar nature of the petitioner and in case, any criminal antecedent of similar nature is found against the petitioner, the benefit of this order shall not be extended to him without seeking leave of the Court.

¶26