Arvind Rajwade vs State Of Odisha

A.K. Mohapatra, J

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

Heard learned counsel appearing for the Petitioner and learned Additional Government Advocate appearing for the  State-Opposite Party. Perused the materials placed before this Court.

The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with Special 2 (a) CC Case No. 07 of 2024 arising out of Sonepur Excise P.R Case No.341 of 2023-24, pending in the Court of  learned  Special  Judge,  Sonepur for  alleged commission of offence punishable under Sections 20(b)(ii)(B) of NDPS Act.

It is submitted by the learned counsel for the petitioner that earlier this matter was not before any other bench of this Court. He further submitted that the Petitioner is in custody since 14.02.2024. It is also contended by the learned counsel for the Petitioner that keeping in view the quantity of ganja seized, i.e., 07kg. which is less than the commercial quantity, a bar under Section 37 of the N.D.P.S. Act is not attracted. He further submitted that the Petitioner does not have any similar criminal antecedent. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and condition which the Petitioner undertakes to abide by while on bail.

Learned Additional Government Advocate appearing for the State-Opposite Party, on the other hand, opposed the release of the Petitioner on bail on the ground that in the event the Petitioner is released on bail, there is a possibility that he might be involved in similar criminal offences. Learned Additional Government Advocate submitted that nature of allegation and the contraband used in the present case is itself a threat to the society. Therefore, he submitted that the prayer for bail of the Petitioner be rejected at this juncture.

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 similar criminal antecedent, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions.

Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/-(Rupees Fifty thousand) with one local solvent surety for the like amount to the satisfaction of the Court in seisin over the matter. Release of the petitioner shall also be subject to condition that 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.

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 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.

The BLAPL is, accordingly, disposed of..

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