Yoom Jain v. Union Of India
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.4452 of 2022 Yoom Jain ....
Petitioner Mr. K.K. Mishra, Advocate -versusUnion of India ....
Opposite Party Mr. Chandrakanta Pradhan, NCB.
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
20.05.2022 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. No.576 of 2021 arising out of Narcotics Control Bureau Crime No.10 of 2021 pending in the court of learned District and Sessions Judge, Khurda at Bhubaneswar for commission of offence punishable under Sections 20(b)(ii)(C)/25/28/29 of the N.D.P.S. Act.
5.
It is submitted by learned counsel for the petitioner that the petitioner he has been falsely implicated in the present case and that
// 2 // he is in custody since 29.12.2021 and investigation of the case has been completed and charge-sheet in the case has been submitted. 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.
6.
Mr. Pradhan, leaned counsel appearing for the NCB 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 and that the petitioner is an outsider in the State of Uttar Pradesh.
7.
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.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 :- 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 court during trial;
IV. he shall appear before the concerned Police Station once in a month preferably on 'Sunday' in between 10.00 A.M. to 1.00 P.M. till conclusion of trial; and
// 3 // V.
He shall not leave the jurisdiction of the Court in seisin over the matter and shall furnish his address and mobile number to the police from time to time.
Violation of any of the terms and conditions shall entail cancellation of bail.
8.
It is open for the court in seisin over the matter to impose other conditions as may be deemed just 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, this bail order shall automatically stand revoked. 10.
The Bail Application is accordingly disposed of. Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra ) Judge Jagabandhu