Sk. Nasiruddin Ahemad v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.11337 of 2021 Sk. Nasiruddin Ahemad ....
Petitioner Mr. A.R. Panda, Advocate -versusState of Odisha ....
Opp. Party Mr. R.K. Tripathy, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
27.01.2022 01.
1.
This matter is taken up through Video Conferencing Mode. 2.
Heard learned counsel for the parties. Perused the F.I.R., Case Diary and other relevant documents.
3.
This is an application under Section 439 of the Criminal Procedure Code.
4.
The Petitioner is an accused in Special Case No.326 of 2021 corresponding to Balasore Town P.S. Case No.286 of 2021 pending in the court of learned Sessions Judge-cum-Special Judge, Balasore for commission of offences punishable under Sections 21(b)/29 of the N.D.P.S. Act.
5.
It is submitted by learned counsel for the Petitioner that the Petitioner has been falsely implicated in the case and he is in custody since 04.12.2021. He further submits that the petitioner does not have any criminal antecedents of similar nature of offences. 6.
Learned counsel for the State vehemently opposes the prayer for bail of the Petitioner.
7.
Having heard learned counsel for the parties and considering the
// 2 // period of detention of the Petitioner, it is directed that let the Petitioner be released on bail by furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with one local solvent surety for the like amount to satisfaction of the learned court in seisin over the matter subject to conditions that the Petitioner shall not get involved in any offence of similar nature while he is on bail, he shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever and shall appear in court during trial on each and every date without fail with further condition that he shall not be seen around the victim. In the event it is found, violation of any of the terms and conditions shall entail cancellation of bail granted hereby. It is open for the court in seisin over the matter to impose any conditions as may deem just and proper.
8.
The Bail Application is accordingly allowed.
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 involving offence similar nature. In the event it is found that the Petitioner has any such criminal antecedents, this bail order shall automatically stands revoked. 10.
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 Jagabandhu