Arun Anka v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.4216 of 2022 Arun Anka ....

Petitioner Mr. S. Dash, Advocate -versusState of Odisha ....

Opposite Party Mr. K.K. Nayak, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

19.05.2022 01.

1.

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

2.

Heard learned counsel for the Petitioner and learned counsel for the State. Perused the F.I.R., case diary and other relevant documents as well as statement of the witnesses. 3.

This is an application under Section 439 of the Criminal Procedure Code.

4.

The petitioner is an accused in T.R. Case No.08 of 2021 arising out of Semilliguda P.S. Case No.14 of 2021 pending in the court of learned Additional Sessions Judge-cum-Special Judge, Koraput for commission of offence punishable under Sections 20(b)(ii)(C)/29 of the N.D.P.S. Act.

5.

It is alleged that 229 Kgs. of contraband ganja was recovered and seized from the vehicle. Nothing has been recovered and seized from the possession of the present petitioner.

// 2 // 6.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the present case and that the petitioner is in custody since 15.02.2022 and investigation of the case has been progressed substantially. He also submits that the petitioner does not have any criminal antecedents and Section 37 of the N.D.P.S. is not attracted. He also submits that there is no scope for absconding or fleeing from the hands of the justice and that the bail application of the petitioner may be considered. It is further submitted that on similar footing with the present petitioner, another co-accused person has already been released on bail by this Court by order dated 29.04.2022 in BLAPL No.5896 of 2021. 7.

Mr. Nayak, leaned Additional Standing Counsel for the State vehemently opposes the prayer for bail of the petitioner and submits that number of such cases are increasing day-by-day and no leniency should be shown to the petitioner or similarly situated persons. 8.

Having heard learned counsel for the parties and considering the period of custodial detention of the petitioner, it is directed that let the petitioner be released on bail on furnishing a bail bond of Rs.30,000/- (rupees thirty thousand) with one local solvent surety for the like amount to the satisfaction of the learned court in seisin over the matter subject to conditions that :- I.

The petitioner shall not be involved in any offence of similar nature;

II.

he shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever;

III. he shall not make any default in attending the

// 3 // court during trial on each date without fail; and IV. he 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. till conclusion of trial;

Violation of any of the terms and conditions shall entail cancellation of bail.

9.

It is open for the court in seisin over the matter to impose other conditions as may be deemed just and proper. 10.

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, this bail order shall automatically stand revoked. 11.

The Bail Application is accordingly disposed of. Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra ) Judge Jagabandhu