BLAPL/14388/2023 of PINKU @ PRANAB KUMAR CHINARA Vs STATE OF ODISHA on 22 December 2023

ORDER

22.12.2023

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). /Physical Mode).

2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State. Perused the materials placed before this Court. Additional Standing Counsel for the State. Perused the materials placed before this Court.

3. This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Nayagarh P.S.Case No.313 of 2023 corresponding to G.R.Case No.98 of 2023 pending in the Court of the learned Sessions Judge-cum-Special Judge, Nayagarh for alleged commission of offence under Sections 20(b)(ii) B of the N.D.P.S.Act.

4. It is submitted by the learned counsel for the Petitioner that the Petitioner is languishing in custody since 29.11.2023. It is further submitted by the learned counsel for the Petitioner that the quantity of contraband ganja seized from the Petitioner is 15 kg which is less than commercial quantity. As such, bar under section 37 of the Act is the Petitioner is languishing in custody since 29.11.2023. It is further submitted by the learned counsel for the Petitioner that the quantity of contraband ganja seized from the Petitioner is 15 kg which is less than commercial quantity. As such, bar under section 37 of the Act is not attracted to the present case. It is also submitted by the learned counsel for the Petitioner that the Petitioner has only one criminal antecedents.

6. Learned Additional Standing Counsel vehemently opposes the prayer for bail of the Petitioner and submits that illegal trafficking of contraband article is rising day by day in the State and no leniency should be shown to the accused in such offences.

7. Having heard learned counsel for the parties, considering the surrounding circumstances of the case and the period of custodial detention of the Petitioner and the fact that less than commercial quantity of contraband ganja has been recovered from the possessionof the Petitioner, 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.20,000/- (Rupees Twenty 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) he shall not indulge himself in any similar nature of offence. offence.

ii) shall appear before the trial court on each and every date fixed by the trial court till conclusion of trial. 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. while on bail.

v) shall appear before the concerned Police Station as and when required for the purpose of investigation. when required for the purpose of investigation.

vi) Violation of any of the terms and conditions shall entail cancellation of bail. cancellation of bail.

The trial court may impose any other condition(s) as deem fit and RKS

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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 more than one criminal antecedents of similar nature, this bail order shall automatically stand 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 more than one 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.

( A.K. Mohapatra ) Judge

Signature Not Verified

Digitally SignedSigned by: RAMESH KUMAR SINGHReason: AuthenticationLocation: High Court of OrissaDate: 02-Jan-2024 11:49:01