IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.5435 of 2024
.....
Jarip Mandal Petitioner
Represented By Adv. -
Amulya Ratna Panda
-versus-
.....
State Of Odisha Opposite Party
Represented By Adv.
–
G.N.Rout, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
Order No. 30.05.2024
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel appearing for the Petitioner and
learned Additional Standing Counsel appearing for the State-
Opposite Party. Perused the materials placed before this Court.
3. The present bail application under Section 439 of Cr.P.C.
has been filed by the Petitioner for regular bail in connection
with Excise Balasore Sadar-II P.R. No.21 of 2024
corresponding to Special Case No.128 of 2024, pending in the
Court of learned District & Sessions Judge-cum-Special Judge,
Balasore for alleged commission of offence punishable under
Sections 20(b)(ii)(C) of the N.D.P.S. Act.
4. Learned counsel for the Petitioner submits that earlier this
matter was not before any of the bench of this Court. It is
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submitted by the learned counsel for the Petitioner that the
Petitioner is in custody since 12.05.2024.He further contended
that as per the F.I.R. allegation the total quantity of 22 Kg ganja
was recovered from including the present petitioner. Learned
counsel for the petitioner further disputed the alleged recovery
of contraband articles from the exclusive and conscious
possession of the present petitioner. He further contended that
the petitioner does not have any similar criminal antecedent.
Learned counsel for the petitioner submitted that even though
the petitioner is from outside the State of Odisha, he is ready
and willing to abide by any terms and condition imposed by this
Court in the event he released on bail.
5. Learned Additional Standing Counsel on the other hand
opposed the bail application of the Petitioner on the ground that
such cases are increasing day-by-day and no leniency should be
shown to the petitioner. He further submitted that the Petitioner
does not belong to the State of Orissa, therefore, release of the
Petitioner be difficult to ensure the appearance of the Petitioner
before the Trial Court during trial. In such view of the matter, he
submitted that the bail application of the Petitioner be rejected at
this juncture.
6. Having heard the learned counsels appearing for the
respective parties and on a careful examination of the
surrounding facts and circumstances of the present case and
further keeping the view the period of detention of the Petitioner
in jail custody and the fact that the Petitioner does not have any
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similar criminal antecedent, this Court is inclined to release the
Petitioner on bail subject to imposition of stringent conditions.
7. Hence, it is directed that the Petitioner be released on bail
in the aforesaid case on furnishing bail bond of Rs.40,000/-
(Rupees Forty thousand) with one local solvent surety for the
like amount to the satisfaction of the Court in seisin over the
matter subject to the following terms and conditions:
I) The Petitioner shall also file an affidavit before the
Trial Court with regard to indicating there his
residential details other details like Aadhar No.,
Phone No. before the jurisdictional police station &
further release of the Petitioner shall be subject to
verification of such details as would be furnished by
any relative of the Petitioner in the shape of an
affidavit.
II) he shall not be involved in any offence of similar
nature while on bail;
III) he shall not tamper with the prosecution evidence or
try to threaten or influence the witnesses in any
manner whatsoever;
IV) he shall not make any default in attending the court
during trial on each date without fail;
V) he shall appear before the concerned Police Station
once in a fortnight preferably on ‘Sunday’ in
between 10.00 A.M. to 1.00 P.M. till conclusion of
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the trial.
Violation of any of the terms and conditions shall entail
cancellation of bail.
8. It is further directed that the bail granted to the Petitioner
is subject to the condition that the court below shall verify
whether the Petitioner is having any criminal antecedent of
similar nature. In the event it is found that the Petitioner is
having any similar criminal antecedent, this bail order shall
automatically stand revoked.
9. The BLAPL is, accordingly, disposed of.
( A.K. Mohapatra)
Vacation Judge
Rubi
Signature Not Verified
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Digitally Signed
Signed by: RUBI BEHERA
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 30-May-2024 19:57:54