Bisikeshan Kanhar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 4416 of 2021 Bisikeshan Kanhar ....

Petitioner Mr. S.K. Padhi, Advocate -versusState of Odisha ....

Opp. Party Mr. D.K. Pani, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

13.05.2022 05.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and learned counsel for the State.

This is an application for bail under section 439 of Cr.P.C. in connection with P.R. No.47 of 2020-21 corresponding to 2(a) C.C. Case No.07 of 2020 pending in the Court of learned Sessions Judge -cumSpecial Judge, Boudh for alleged commission of offence under section 20(b)(ii)(C) of the N.D.P.S. Act. The petitioner moved an application for bail before the Court of learned Special Judge, Boudh (I/c), which was rejected on 19.05.2021.

Learned counsel for the petitioner submitted

// 2 // that the petitioner is in judicial custody since 26.09.2020 and the earlier bail application of the petitioner in BLAPL No.7667 of 2020 was disposed of as withdrawn on 31.03.2021.

Learned counsel for the State opposed the prayer for bail.

Perused the status report dated 07.05.2020.

From the status report, it appears that the petitioner is in judicial custody since 26.09.2020 and out of three P.R. witnesses, two witnesses have been examined.

In view of such status report and the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on interim bail. The interim bail period shall start from 17.05.2022 and the petitioner shall surrender before the learned trial Court on 20.06.2022.

For the above period, let the petitioner be released on interim bail in the aforesaid case on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper and with further conditions that while on interim bail, the petitioner shall not try to come in contact with any of the prosecution witnesses or

// 3 // tamper with the evidence, he shall not indulge in any criminal activities and he shall appear before the learned trial Court on each date on which the date would be fixed for trial during the period of interim bail.

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

Accordingly, the BLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge RKM