Tasleem v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.7016 of 2021 Tasleem ....

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

Opposite Party Mr. K.K. Nayak, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

11.02.2022 02.

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 on record.

3.

This is an application under Section 439 of the Criminal Procedure Code.

4.

The Petitioner is an accused in T.R. Case No.91 of 2020 arising out of Jeypore Sadar P.S. Case No.239 of 2020 pending in the court of learned Sessions Judge-cum-Special Judge, Koraput-Jeypore for commission of offence punishable under Sections 20(b)(ii(C) of the N.D.P.S. Act.

5.

Learned counsel for the Petitioner submits that one co-accused has already been released on bail on similar footing with the present Petitioner and Petitioner is in custody since 07.12.2021. 6.

Learned counsel for the State vehemently opposes the prayer for bail of the Petitioner on the ground that number of such cases are increasing day-by-day and no leniency should be shown to the

// 2 // Petitioner or similarly situated persons.

7.

Having heard learned counsel for the parties and considering the allegations made against the Petitioner and period of 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 the Petitioner shall not be involved in any offence of similar nature, he shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever, shall not make any default in attending the court during trial on each date and shall appear before the concerned Police Station once in a fortnight preferably on 'Sunday' in between 10.00 A.M. to 1.00 P.M. 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. In the event it is found that the Petitioner has any such criminal antecedents of similar nature, this bail order shall cease to have any effect and shall stand annulled. 10.

The Bail Application is accordingly disposed of. 11.

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

Jagabandhu ( A.K. Mohapatra ) Judge