Ranjit Kumar Gouda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.2600 of 2022 Ranjit Kumar Gouda ....

Petitioner Mr.Jyotirmaya Sahoo, Advocate -versusState of Odisha ....

Opp. Party Mr.P.C.Das, A.S.C..

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

27.09.2022 03.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

This is an application under Section 439 Cr.P.C. filed by the Petitioner for bail in connection with Digapahandi P.S.Case No.82 of 2021 corresponding to G.R.Case No.17 of 2021(N) pending in the file of the learned 3rd Additional Sessions Judge-cum-Special Judge, Berhampur. for commission of alleged offences under Sections 20(b)(ii) C/25 of N.D.P.S. Act.

3.

Heard learned counsel for the Petitioner and the learned Additional Standing Counsel.

4.

It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 06.04.2021. Further, it is submitted by the learned counsel for the Petitioner that investigation has been concluded and charge sheet has been filed. Earlier the Petitioner approached this Court in BLAPL No.7753 of 2021 which was disposed of by this Court

// 2 // on 22.02.2022 as not pressed. Further the in the said bail application this Court was inclined to enlarge one Surendra Dora on bail. Further it is submitted by the learned counsel for the Petitioner that the Petitioner is a young boy aged about 21 years and stands on a similar footing with other accused persons. Learned counsel for the Petitioner further submits that the matter is pending since long and trial has not commenced and there is no possibility of trial being commenced in near future.

5.

Having regard to the facts and circumstances of the case, considering the nature and gravity of offense alleged and the period of detention of the petitioner this Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) with two local sureties each for the like amount to the satisfaction of the learned court in seisin over the matter subject to the following conditions.

i) He shall appear before the trial court on each and every date as fixed by the Court.

ii) He shall appear before the I.O. on every fortnight preferably on Sunday at 10 A.M. to 1 P.M. and report to the Police.

iii) He shall not tamper with the prosecution evidence; iv) He shall not influence or threaten any prosecution witness and cooperate in the investigation.

v) He shall not leave the jurisdiction of the court without special permission from the court.

v) Violation of any of the conditions shall entail cancellation of bail.

6.

It is further directed that the Court in seisin over the matter to

// 3 // verify the criminal antecedents of the Petitioner and impose any additional condition(s), if situation so warrants. This order shall remain valid in the event the court in seisin of the matter is satisfied that the Petitioner has no criminal antecedents.

7.

With the above direction the BLAPL is accordingly disposed of. 8.

Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra) Judge RKS