Sunil Digal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.7901 of 2021 Sunil Digal ....

Petitioner Mr. H. Mohanty, Advocate -versusState of Odisha ....

Opposite Party Mr. M.K. Mohanty, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

14.02.2022 08.

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 C.T. Case No.25 of 2020 arising out of K.Nuagaon P.S. Case No.30 of 2020 pending in the court of learned Sessions Judge-cum-Special Judge, Phulbani for commission of offence punishable under Sections 20(b)(ii(C)/25/27-A/29 of the N.D.P.S. Act.

5.

It is submitted by learned counsel for the Petitioner that on the basis of the statement of the co-accused, the Petitioner has been implicated in this case. He further submits that neither anything has been seized from his conscious possession nor was he arrested on the spot rather he was arrested only on 17.08.2021. 6.

Mr. Mohanty, leaned Additional Standing Counsel for the State

// 2 // vehemently, opposes the prayer for bail of the Petitioner and further submits that number of such cases are increasing day-by-day and no leniency should be shown to the 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 each 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 week 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 deem 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, this bail order shall automatically stands revoked.

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