Ananda Mishra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.3776 of 2022 Ananda Mishra ....

Petitioner Mr.Subir Palit, Senior Advocate & Mr. Partha Sarathi Nayak, Advocate -versusState of Odisha ....

Opposite Party Mr. P.C. Das, ASC for State

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

22.06.2022 02.

1.

This matter is taken up through Hybrid Arrangement Order No.

(Virtual/Physical Mode).

2.

This is an application under Section 439 Cr.P.C. filed by the Petitioner for bail in connection with Chandrapur P.S. Case No.33 of 2021, corresponding to T.R. Case No.89 of 2021, pending in the file of learned Additional Sessions Judge-cumSpecial Judge, Gunupur, for commission of alleged offences under Sections 20(b)(ii)(c)/25/29 of N.D.P.S. Act. 3.

Heard learned counsel for both the parties. Perused the FIR, Case Diary and statement of witnesses.

4.

The case of the prosecution, in a nutshell, is that on 01.09.2021 at 01.15 p.m. received information that Sunil Baliar with his associate Kapindra Muguli have hatched a conspiracy with some persons to procure Ganja near Raibiji village on

// 2 // Hanumantapur-Chandrapur road. Accordingly, he along with his staff conducted raid on the illegal contraband Ganja possession and transportation. After reaching at the spot i.e., at the bushy jungle situated about 10 to 20 meters from Raibiji Junction, the police encircled the spot and they had a close watch to the spot. They found some suspects were moving there. The police apprehended 5 persons and they noticed two numbers of plastic packets are stacked nearby and two numbers of motorcycles were also found at the spot. After weighment the first packet came to be 30 kgs. 200 gms. And the second packet also came to be 30 kgs. 200 gms, in total 60 kgs. 400 gms. Accordingly, the informant returned to the Police Station with the seized articles and lodged the FIR against the Petitioners and others.

5.

Learned counsel for the Petitioner submits that present is languishing in jail custody since the date of his arrest, i.e. 01.09.2021. It is submitted that police after completion of investigation has filed charge-sheet. It is submitted by learned counsel for the Petitioner that the alleged contraband articles were seized from the field where the same was concealed in a bushy jungle. The alleged seizure is not taken place from the conscious possession of the Petitioner, therefore Section 34 is not attracted to the case of the Petitioner. He further submits that Petitioner belongs to the local area, hence there is no chance to evade the trial of the case in the event he is released on bail.

// 3 // 6.

Learned counsel for the State on the other hand submits that there is ample material on record to prove the case of the Petitioenr. While not disputing the fact that the contraband articles were seized from the bushy jungle, he submits that present Petitioner has one criminal antecedent. 7.

Having regard to the facts and circumstances of the case, considering the nature and gravity of offences alleged and the period of detention, this Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty thousand) with two local sureties for the like amount to the satisfaction of the learned court in seisin of the matter subject to the following conditions :

i) He shall not involve in any similar nature of offence particularly involving the offence under the NDPS Act;

(ii) He shall appear before the trial court on each and every date as fixed by the court;

(iii) He shall appear before the I.O. once in a fortnight preferably on every Sunday at 10 A.M. to 1.00 P.M. and report to the police, till conclusion of trial; (iv) He shall not tamper with the prosecution evidence;

(v) He shall not influence or threaten any prosecution witness and cooperate in the investigation;

(vi) He shall provide their present address and mobile number to the I.O. and if any changes therein shall also be intimated to the I.O.;

// 4 // (vii) He shall not leave the jurisdiction of the court without special permission from the court; and (viii) Violation of any of the above conditions shall entail cancellation of the bail.

8.

It is further directed that the court in seisin of the matter to verify if the Petitioner has more than one criminal antecedent of similar nature, this order shall stand revoked. 9.

With the above direction, the BLAPL is accordingly allowed.

10.

Issue urgent certified copy of this order on proper application.

(A.K. Mohapatra) Judge U.K.Sahoo