Rahul Kumar Singh v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.3473 of 2022 Rahul Kumar Singh ....
Petitioner Mr.Niranjan Lenka, Advocate -versusState of Odisha ....
Opposite Party Mr. K.K.Nayak, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
16.05.2022 .
1.
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2.
Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel.
3.
This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Koraput G.R.P.Case No.07 of 2022 corresponding to T.R. No.35 of 2022 pending in the Court of the learned Additional Sessions Judgesum-Special Judge, Koraput for alleged commission of offence under Sections 20(b)(II)B) of the N.D.P.S.Act.
4.
It is submitted by the learned counsel for the Petitioner that the Petitioner is languishing in custody since 17.03.2022. Further he submits that the investigation of the case has been concluded in the meantime and charge sheet has been filed. It is further submitted by the learned counsel for the Petitioner that the Petitioner to earn his
// 2 // livelihood he has come to Odisha and maintaining his family by doing the work of daily labourer in the Railway Station. On the date of incident the Petitioner was carrying a bag of a Passenger followed by the said passenger. But all of a sudden the Police caught hold of the Petitioner and falsely implicated in the present case. He further submits that the contraband ganja seized in this case is 18 kg. which is below commercial quantity for which the bar under Section 37 of the NDPS Act is not attracted in this case. It is further submitted by the learned counsel for the Petitioner that since the Petitioner is a permanent inhabitant of his village, there is no chance of absconding or fleeing from receiving justice and in the event of his release, he will appear before the trial court on each date of posting of the case and shall abide by the terms and conditions that may be imposed by this Court.
6.
Learned Additional Standing Counsel vehemently opposes the prayer for bail of the Petitioner and submits that illegal trafficking of contraband articles is rising day by day and no leniency should be shown to the Petitioner or similarly situated persons and moreover the Petitioner belongs to Bihar.
7.
Having heard learned counsel for the parties, considering the surrounding circumstances of the case and the period of custodial detention of the Petitioner, the fact that Section 37 of the Act is not attracted, I am inclined to grant bail to the Petitioner and it is directed that let the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (Rupees Fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter subject to the following terms and conditions:
i) he shall not indulge himself in any similar nature of offence.
// 3 // ii) shall appear before the trial court on each and every date fixed by the trial court till conclusion of trial. iii) shall not tamper with the prosecution evidence. iv) shall not influence or threaten any prosecution witnesses while on bail.
v) he shall appear before the concerned Police Station once in a week preferably on Sunday in between 10 A.M. to 1 P.M. till conclusion of trial.
vi) Violation of any of the terms and conditions shall entail cancellation of bail.
8.
The trial court may impose any other condition(s) as deem fit and proper.
9.
It is further directed 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 of similar nature. In the event it is found that the Petitioner has any criminal antecedents of similar nature, this bail order shall automatically stand revoked. 10.
BLAPL is accordingly disposed of.
11.
Issue urgent certified copy as per Rules.
RKS ( A.K. Mohapatra ) Judge