Chindo v. Union Of India(Railway)
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.9264 of 2021 Chindo ....
Petitioner Mr.P.K.Nanda, Advocate -versusUnion of India (Railway) ....
Opposite Party .
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
13.04.2022 .
1.
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2.
Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel.
3.
This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Koraput GRPS Case No. 08 of 2021 corresponding to T.R.Case No.75 of 2021, pending in the Court of the learned Additional Sessions Judge-cum-Special Judge, Koraput for alleged commission of offence under Sections 20(b)(ii)(C) of the N.D.P.S.Act. 5.
It is submitted by the learned counsel for the Petitioner that the Petitioner is languishing in jail custody since 03.09.2021 and after completion of investigation charge sheet has been filed. It is further submitted by the learned counsel for the Petitioner that the Petitioner is a lady and no contraband article has been seized from her conscious and exclusive possession. It is also submitted by the learned counsel for the Petitioner that in the event of her release on bail, she will appear before the trial court on each and every date of
// 2 // posting.
6.
Learned Additional Standing Counsel vehemently opposes the prayer for bail of the Petitioner and submits that illegal trafficking of contraband articles is rising day by day and no leniency should be shown to the Petitioner or similarly situated persons. Moreover, the Petitioner is woman of Haryana.
7.
Having heard learned counsel for the parties, considering the fact that no contraband articles has been seized from the conscious and exclusive possession of the Petitioner and the period of custodial detention of the Petitioner and the Petitioner is a lady, I am inclined to grant bail to the Petitioner and it is directed that let the Petitioner be released on bail in the aforesaid case 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 the following terms and conditions: i) she shall not indulge herself in any similar nature of offence.
ii) shall appear before the trial court on each and every date fixed by the trial court till conclusion of trial. iii) shall not tamper with the prosecution evidence. iv) shall not influence or threaten any prosecution witnesses while on bail.
v) shall appear before the concerned Police Station once in a fortnight preferably on Sunday in between 10 A.M. to 1 P.M. till conclusion of trial.
vi) shall not leave the jurisdiction of the trial court without prior permission of the trial court.
vii) shall provide the present address and mobile number to the local police station, in the event of any change in the address or mobile number, the same shall also be intimated to the local police.
// 3 // vii) Violation of any of the terms and conditions shall entail cancellation of bail.
8.
The trial court may impose any other condition(s) as deem fit 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 of similar nature. In the event it is found that the Petitioner has any criminal antecedents of similar nature, this bail order shall automatically stand revoked. 10.
BLAPL is accordingly disposed of.
11.
Issue urgent certified copy as per Rules.
RKS ( A.K. Mohapatra ) Judge