Jitendra Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.8170 of 2021 Jitendra Sahu ....

Petitioner Mr. Kartik Chandra Tripathy, Advocate -versusState of Odisha ....

Opposite Party Mr. P.C. Das, Additional Standing Counsel for State

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

06.01.2022 Order No.

06.

1.

This is an application under Section 439 Cr.P.C. filed by the Petitioner for bail in connection with OIC of Excise, District Mobile, Phulbani P.R. No.42 dated 28.01.2021, corresponding to 2(a) C.C. Case No.20 of 2021, pending in the file of Sessions Judge-cumSpecial Judge, Phulbani, for commission of alleged offence under Section 2(b)(ii)(C) of N.D.P.S. Act.

2.

Heard learned counsel for the Petitioner and Mr.P.C. Das, learned Additional Standing Counsel for State. 3.

Learned counsel for the Petitioner submits that Petitioner is in jail custody since 28.08.2021.

4.

Learned counsel for the State submits that 25 kgs. of Ganja (Cannabis) has been recovered from the possession of the Petitioner. 5.

Considering the nature of allegations and the fact that Petitioner is in jail custody since the date of his arrest, i.e. from

// 2 // 28.08.2021, I am inclined to release the Petitioner on bail in the above case on furnishing a bail bond of Rs.50,000/- (Rupees Fifty thousand) with one solvent surety for the like amount to the satisfaction of the learned court in seisin of the matter subject to conditions that the Petitioner shall not get involved in any offence of similar nature particularly involving the offence under the NDPS Act. Further, the court in seisin of the matter is directed to verify the criminal antecedents of the Petitioner. In the event it is found that the Petitioner has criminal antecedent involving offences under the NDPS Act, this bail order shall stand automatically revoked. It is open for the trial court to impose any additional condition(s), if situation so warrants.

6.

With the above direction, the BLAPL is accordingly allowed.

7.

Issue urgent certified copy as per rules.

(A.K. Mohapatra) Judge U.K.Sahoo