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Judgment
S.K. Sahoo, J
This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 Cr.P.C. in connection with Banigochha P.S. Case No.9 of 2017 corresponding to T.R. Case No.18 of 2023/G.R. Case No.15 of 2017 pending in the file of learned Addl. Sessions Judge, Nayagarh for alleged commission of offences punishable under sections 20(b)(II)(B) of the N.D.P.S. Act and sections 196/192 of the M.V. Act.
The prayer for bail of the petitioner has been rejected by the learned 1st Addl. Sessions Judge, Khurda vide order dated 30.01.2024.
Learned counsel for the petitioner submitted that the petitioner was earlier granted bail by this Court in BLAPL No.2069 of 2017 as per order dated 30.06.2017 and on account of non-taking of steps on the date fixed, non-bailable warrant of arrest has been issued against him and he was taken into judicial custody on 17.01.2024. He further submitted that the petitioner is ready and willing to cooperate with the learned trial Court for early disposal of the case and therefore, the bail application of the petitioner may be favourably considered.
Learned counsel for the State opposed the prayer for bail.
Considering the submissions made by the learned counsel for the respective parties, the fact that the petitioner was earlier on bail and taking into account the period of detention in judicial custody, I am of the opinion that it is a fit case for grant of bail to the petitioner.
Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper to ensure his presence during trial with further condition that the petitioner shall appear before the trial Court on each date when the case would be posted for trial.
Violation of any of the terms and conditions fixed shall entail cancellation of bail.
The BLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules.
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