IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 11744 of 2024
Mukesh Kumar Petitioner
…
Mr. J.K. Panda, Advocate
-versus-
State of Odisha Opposite Party
…
Mr. B.P. Nayak, AGA
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
30.11.2024
Order No
.
01. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. This is an application U/S.483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (in short,
by the Petitioner for grant of bail in
“BNSS”)
connection with Lacchipur P.S Case No.154 of 2024
corresponding to Special GR Case No.61 of 2024
pending in the Court of learned Special Judge,
Sonepur for commission of offence punishable U/Ss.
20(b)(ii)(B)/25/29 of the NDPS Act, on the allegation
of transporting 4 Kgs.500Gms of Contraband Ganja
along with co-accused persons.
3. Heard Mr. Jugal Kishore Panda, learned
counsel for the petitioner, Mr. B.P. Nayak, learned
AGA and perused the record.
4. After having considered the rival submissions
and taking into consideration the nature and gravity
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of offence as alleged against the petitioner vis-(cid:224)-vis
the accusation sought to be brought against him and
regard being had to the pre-trial detention of the
petitioner in custody since 30.10.2024, this Court
without expressing any opinion on merits of the case
admits the petitioner to bail.
5. Hence, the bail application of the Petitioner
stands allowed and the Petitioner is allowed to go on
bail on furnishing bail bonds of Rs.25,000/- (Rupees
Twenty five Thousand) only with two solvent sureties
each for the like amount to the satisfaction of the
learned Court in seisin of the case on such terms and
conditions as deem fit and proper by it with following
conditions:-
(i) the petitioner shall not commit any
offence while on bail,
(ii) the petitioner in the course of trial shall
attend the trial Court on each date of
posting without fail unless her attendance is
dispensed with. In case the Petitioner
fails without sufficient cause to appear
in the Court in accordance with the
terms of the bail, the learned trial
Court may proceed against the
Petitioner for offence U/S.229-A of IPC
in accordance with law and
(iii) the petitioner shall not leave the
territorial jurisdiction of the trial Court
without prior permission till disposal of the
case by intimating her present address of
stay,
(iv) the petitioner shall report attendance
before the Jurisdictional Police Station once
nd
in a fortnight preferably on 2 Sunday of
each month in between 10 A.M. to 12 Noon
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for three (03) months from the actual date
of release from the custody.
The I.I.C. of Jurisdictional Police Station shall
not detain the petitioner unnecessarily after recording
his attendance beyond the time as stipulated.
It is clarified that the Court in seisin of the
case will be at liberty to cancel the bail of the
petitioner without further reference to this Court, if
any of the above conditions are violated or a case for
cancellation of bail is otherwise made out. In the
wake of aforesaid, the subsequent involvement of the
petitioner in future any offence under NDPS Act on
prima facie accusations may be treated as a ground
for cancellation of bail in this case.
6. Accordingly, the BLAPL stands disposed of.
7. Issue urgent certified copy of the order as
per Rules.
(G. Satapathy)
Judge
S. Sasmal
Signature Not Verified
Digitally Signed
Signed by: SUBHASMITA SASMAL
Reason: Authentication
Location: High Court of Orissa Page 3 of 3
Date: 02-Dec-2024 10:54:57