Kulu Digal v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.4832 of 2022 Kulu Digal ....
Petitioners Mr. S.K. Baral, Advocate -versusState of Odisha ....
Opposite Party Mr. K.K. Das, 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.
This is an application under Section 439 Cr.P.C. filed by the petitioner for bail in connection with Gochhapada P.S. Case No.12 of 2022, corresponding to C.T. Case No.08 of 2022, pending in the file of learned Sessions Judge-cum-Special Judge, Phulbani, for commission of alleged offences under Sections 20(b)(ii)(C) of N.D.P.S. Act.
3.
Heard learned counsel for both the parties. Perused the FIR, Case Diary and statement of witnesses.
4.
Learned counsel for the petitioner submits that the petitioner is in custody since 25.01.2022. It is further submitted that petitioner is no way connected in the alleged offences and he has been falsely implicated in the matter. It is also submitted that nothing has been seized from the conscious possession of the present Petitioner. The
// 2 // co-accused is the owner of the autorickshaw whereas Petitioner was travelling in the said autorickshaw as a passenger, where after he has been arrested by the police. It is also submitted that he is the only earning member of his family and due to long detention in custody, his family members are starving. Accordingly, a prayer has been made to release the Petitioner on bail. Further, learned counsel for the petitioner submits that on similar footing with the present petitioner, other co-accused person has already been released on bail by this Court in BLAPL 3719 of 2022 by order dated 17.05.2022. 5.
Learned counsel for the State vehemently opposes the bail application of the Petitioner on the ground that the case of illegal trafficking of contraband article is increasing rapidly in the State of Odisha. Therefore, no leniency should be shown to the accused person involving in such matters. Accordingly, he prays for rejection of the bail application of the Petitioner.
6.
Having heard learned counsel for the parties and considering the custodial detention of the Petitioner and the peculiar facts and circumstances of the case, this Court is inclined to release the Petitioner on bail subject to stringent conditions. Let the Petitioner be released on bail subject to furnishing bail bond of Rs.50,000/- (Rupees Fifty thousand) with two solvent sureties 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 in similar nature of offence;
ii) He shall appear before the trial court on each and every date and shall cooperate for early conclusion of trial;
// 3 // iii) He shall not tamper with the prosecution evidence and shall not make any attempt to influence or threaten the witnesses;
iv) He shall provide his address as well as his phone number to the concerned Police Station and keep the same updated in the event the same is changed in future;
v) He shall appear before the concerned Police Station once in a fortnight preferably on Sunday between 10 A.M. to 1 P.M. till conclusion of trial.
vi) He shall not leave the jurisdiction of the court without prior permission of the trial court;
vii) Violation of any of the terms and conditions shall entail cancellation of bail.
7.
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 antecedent of similar nature, this order shall automatically stand revoked. 8.
With the aforesaid observation, the BLAPL stands disposed of.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra ) Vacation Judge Jagabandhu
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