Abhijit Samantaray @ Vicky vs State Of Orissa

A.K. Mohapatra, J

This matter is taken up through hybrid mode.

Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State.

This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Khurda P.S. Case No.84 of 2024, corresponding to T.R. Case No.14 of 2024, pending in the Court of the learned 1st Addl. Sessions-cum-Special Judge under NDPS Act, Khordha, for alleged commission of offence under Sections 21(c)/29 of the NDPS Act.

Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 19. 02.2024. He further contended that investigation has progressed substantially and the charge sheet is likely to be filed very soon. He also submitted that the Petitioner has one similar criminal antecedent. It was further submitted as per the allegation of the FIR, no recovery has been made from the conscious and exclusive possession of the Petitioner but from the co-accused namely Laxmidhar Sahoo @ Lucky and Sk Jafar @ Babu who are now both in custody. Further it is submitted that the Petitioner who was arrested based merely on the statement of the co-accused. It was also contended that the bar under Section 37 of the NDPS Act is not attracted to the facts of the present case since no recovery has been made from the conscious and exclusive possession of the Petitioner. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.

Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioner on the ground that the Petitioner is released on bail there is a possibility he might indulge in similar criminal offences. It was also submitted by the State counsel that according to the co-accused statements, the Petitioner was the purchaser. Even though no recovery was made from the conscious and exclusive possession of the Petitioner, however, the alleged contraband article was definitely initiated for sale. Accordingly, it was prayed that the bail application of the Petitioner be rejected at this juncture.

Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, further taking into consideration the period of detention, and the fact that no recovery was made from the conscious and exclusive possession of the Petitioner, therefore, bar under Section 37 of the NDPS Act has not been attracted to the present case, this Court is inclined to release the Petitioners on bail on furnishing a bail bond of Rs.40,000/- (Rupees Forty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter. The release of the Petitioner shall also be subject to the following conditions:

I) he shall not indulge in similar criminal offence while on bail;

II) he shall cooperate with investigation and shall appear before the I.O. as and when his presence is required for the purpose of investigation;

III) he shall appear before the trial court on each and every date of posting of the case; and

IV) he shall appear before the local police station once in a week for a period of three months, thereafter once in fortnight for a period of two months and thereafter once in month till conclusion of the trial.

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

It is open for the Court in seisin over the matter to impose any other conditions as may be deemed just and proper.

It is further directed that the bail granted to the Petitioner is subject to depositing a cash security of Rs.5,000/- (Rupees five thousand) each before the learned Court in seisin over the matter, which shall be kept in any Nationalized bank in interest bearing account initially for a period of one year which will be renewable from time to time till conclusion of trial and the same shall be abide by the final outcome of the trial of the case.

It is also 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 more than one criminal antecedent of similar nature, then this bail order shall automatically stand revoked.

BLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

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