Chhotu @ Bhubaneswar Kumar @ Bhubaneswar Kumar Mahato v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.4884 of 2022 Chhotu @ Bhubaneswar Kumar @ Bhubaneswar Kumar, Mahato ....

Petitioner Mr.R.N.Mohanty, Advocate -versusState of Odisha ....

Opposite Party Mr. Deepak Parida, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

13.06.2022 .

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 Laxmisagar P.S.Case No.132 of 2016 corresponding to T.R.Case No.79/23 of 2018 pending in the Court of the learned Additional District & Sessions Judge (K), Bhubaneswar for alleged commission of offence under Sections 20(b) of the N.D.P.S.Act. 4.

It is submitted by the learned counsel for the Petitioner that the Petitioner is languishing in custody since 30.01.2020. It is further submitted by the learned counsel for the Petitioner that the Petitioner was earlier on bail and on the strength of N.B.W. he was arrested and remained in custody. It is further submitted by the learned counsel for

// 2 // the Petitioner that the Petitioner is a permanent inhabitant of Khurda 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. 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 Petitioners 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, 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) he shall not indulge himself in any similar nature of offence.

ii) shall appear before the trial court on each and every date fixed by the trial court till conclusion of trial. iii) shall not tamper with the prosecution evidence. iv) 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 P.M. till conclusion of trial.

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

// 3 // 8.

The trial court may impose any other condition(s) as deem fit and proper.

9.

BLAPL is accordingly disposed of.

10.

Issue urgent certified copy as per Rules.

RKS ( A.K. Mohapatra ) Judge