Batakrushna Martha v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.11023 of 2021 Batakrushna Martha ....

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

Opposite Party Mr. S.N. Das, A.S.C. for State

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

24.01.2022 01.

1.

This matter is taken up through Video Conferencing mode. Order No.

2.

This is an application under Section 439 Cr.P.C. filed by the Petitioner for bail in connection with Nirakarpur P.S. Case No.192 of 2021, corresponding to T.R. No.157 of 2021 in the file of learned 1st Addl. Sessions Judge-cum-Special Judge, under NDPS Act, Khorda, for commissions of alleged offences under Section 21(b)/29 of N.D.P.S. Act.

3.

Heard learned counsel for both the parties. Perused the relevant records.

4.

Learned counsel for the Petitioner submits that Petitioner is in jail custody since long and he has no criminal antecedents of similar nature. It is further submitted that a quantity of 21.700 Mlg. of Brown Sugar has been recovered from the custody of the present Petitioner.

5.

Learned counsel for the State vehemently opposes the prayer for bail of the Petitioner. However, he submits if the Petitioner is released on bail, stringent conditions may be imposed on the accused Petitioner.

// 2 // 6.

Having heard learned counsel for the parties, it is directed that the Petitioner be released on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty thousand) with one solvent surety each for the like amount to the satisfaction of the learned court in seisin of the matter subject to conditions that the Petitioner shall not involve himself in any similar nature of offences particularly involving the offence under the NDPS Act.

7.

Petitioner is also directed to appear before the local police station at an interval of every fifteen days between 11.00 A.M. to 1.00 P.M. on a working day once he comes out of the jail custody. It is further directed that the court in seisin of the matter to verify the criminal antecedents of the Petitioner and impose any additional condition(s), if situation so warrants. This order shall remain valid in the event the court in seisin of the matter is satisfied that Petitioner has no criminal antecedents.

8.

With the above direction, the BLAPL is accordingly allowed.

9.

As the restrictions due to resurgence of COVID -19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned Advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020 as modified by Court's Notice No.4798, dated 15th April, 2021 and Office Order dated 7th January, 2022. (A.K. Mohapatra) Judge U.K.Sahoo