Gopala Bajinga @ Bajim v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.4826 of 2022 Gopala Bajinga @ Bajim ....

Petitioner Mr. P.K. Nanda, Advocate -versusState of Odisha ....

Opposite Party Mr. R.K. Roul, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

13.06.2022 01.

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 Jeypore Sadar P.S.Case No.80 of 2022 corresponding to T.R.No.13 of 2022 pending in the Court of the learned Sessions Judge-cumSpecial Judge, Koraput-Jeypore for alleged commission of offence under Sections 20(b)(ii) (C)/29 of N.D.P.S.Act. 4.

It is submitted by the learned counsel for the Petitioner that the Petitioner is languishing in custody since 25.03.2022. It is further submitted by the learned counsel for the Petitioner that there is no specific allegation against the Petitioner that he was in exclusive and conscious possession of the alleged contraband articles and the Petitioner belongs to Koraput district. It is also submitted by the

// 2 // learned counsel for the Petitioner that since the Petitioner is a permanent inhabitant of Koraput district, 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. Further, learned counsel for the petitioner submits that on similar footing with the present petitioner, other coaccused person has already been released on bail by this Court in BLAPL No.3676 of 2022 by order dated 17.05.2022. 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. 7.

Having heard learned counsel for the parties, considering the surrounding circumstances of the case and the period of custodial detention of the Petitioner and the fact that contraband articles have not been seized from the conscious and exclusive possession of the Petitioner, 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.30,000/- (Rupees Thirty 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) The petitioner shall not indulge himself in any similar nature of offence;

ii) he shall appear before the trial court on each and every date fixed by the trial court till conclusion of trial;

iii) he shall not tamper with the prosecution

// 3 // evidence;

iv) he shall not influence or threaten any prosecution witnesses while on bail;

v) he shall appear before the concerned Police Station once in a fortnight preferably on Sunday in between 10 A.M. to 1.00 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.

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

( A.K. Mohapatra ) Vacation Judge Jagabandhu