Sunil Nahak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9003 of 2022 Sunil Nahak ....

Petitioner Mr.S.S.Ray-(2), Advocate -versusState of Odisha ....

Opp. Party Mr.S.Mishra, A.S.C..

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

27.09.2022 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 S.T.Case No.07 of 2022 arising out of Purusottampur P.S.Case No.240 of 2021 pending in the file of the learned Additional Sessions Judge, Chhatrapur for commission of alleged offences under Sections 25(b)(ii)(c), 29,25 of the NDPS Act. 3.

Heard learned counsel for the Petitioner and the learned Additional Standing Counsel.

4.

It is submitted by the learned counsel for the Petitioner that the injuries sustained are simple in nature. It is further submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 08.06.2021. Further, he submits that the investigation has been concluded and charge sheet has been filed and the case has been committed to the court of session.

// 2 // 5.

Having regard to the facts and circumstances of the case, considering the nature and gravity of the offences alleged and further taking into consideration the custodial detention of the Petitioner, this Court is inclined to grant bail to the Petitioner. Accordingly the Petitioner be released on bail 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 conditions:

i) He shall not involve himself in any other offence during the period of bail.

ii) He shall appear before the concerned Police Station once in a fortnight preferably on Sunday between 10 A.M. to 1 P.M..

iii) He shall appear before trial court on each and every date as fixed by the Court.

iii) He shall not tamper with the prosecution evidence. iv) He shall not influence or threaten any prosecution witness and cooperate with the investigation.

v) Violation of any of the conditions shall entail cancellation of bail.

7.

It is further directed that the Court in seisin over the matter to impose any additional condition, if situation so warrants. 8.

With the above direction the BLAPL is accordingly disposed of. 9.

Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra) Judge RKS