Saluna v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 1556 OF 2021 Saluna .........

Petitioner Mr. Manas Chand, Adv.

-versusState of Orissa ............

Opposite Party Mr. K.K. Gaya, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

10.03.2022 Order No.

09.

1.

This matter is taken up through Hybrid Mode.

2.

Heard learned counsel for the petitioner and learned counsel for the State.

3.

Perused the F.I.R, Case Diary and other relevant documents on record.

4.

The petitioner is an accused in T.R. Case No. 91 of 2020 arising out of Jeypore Sadar P.S. Case No. 239 of 2020 pending on the file of the Learned Sessions Judge-Cum-Special Judge, Jeypore for the alleged commission of offence punishable under Section 20 (b)(ii)(C) of the NDPS Act.

5.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and she is in

custody since 07.12.2020. He further submits that the petitioner does not have any criminal antecedents.

6.

Learned counsel for the state with vehemently opposes the prayer for bail of the petitioner on the ground that number of such cases are increasing day-by-day and no leniency should be shown to the petitioner or similarly situated persons. 7.

Having heard learned counsel for the parties and considering the period of detention of the petitioner, it is directed that let the petitioner be released on bail on furnishing a bail bond of Rs.50,000/-(Rupees Fifty Thousand) with two local solvent sureties for the like amount to the satisfaction of the learned Court in seisin over the matter subject to conditions that, the petitioner shall not be involved in any offence of similar nature, she shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever, shall not make any default in attending the Court during trial on each date and shall appear before the concerned Police Station once in a fortnight preferably on 'Sunday' in between 10.00 A.M. to 1.00 P.M. Violation of any of the terms and conditions shall entail cancellation of bail.

8.

It is open for the Court in seision over the matter to impose other conditions as may deem just and proper. 9.

It is further directed that that the bail granted to the petitioner is subject to the condition that learned Court below shall

verify whether the petitioner has any criminal antecedents. In the event it is found that the petitioner has any such criminal antecedents, this bail order shall automatically stands revoked. 10.

The Bail Application is disposed of accordingly. 11.

Urgent certified copy of this order be granted as per rule. ( V.Narasingh ) Balaram Judge