Gagan Muduli vs State Of Odisha

G. Satapathy, J

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

This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Orkel P.S. Case No.9 of 2023 arising out of Special G.R. Case No.8(B) of 2023 pending in the file of learned Sessions Judge-cum-Special Judge, Malkangiri for commission of offence punishable Under Sections 294/ 323/ 324/ 325/ 353/ 307/ 120/ 120-B/ 186/ 188/ 189/ 506/ 511/ 34 of IPC read with Section 20(a)(i) of NDPS Act, on the main allegation of preventing the police personnel from destroying the cannabis plants cultivated at hilly terrain and forest areas near village Nuaguda under Orkel P.S., along with other co-accused persons in furtherance of their common intention.

Heard Mr. S.Panda, learned counsel for the petitioner and Mrs. S.Pattanaik, learned AGA in the present matter and perused the record.

After having considered the rival submissions and taking into consideration the nature and gravity of offence as alleged against the petitioner, so also the accusations sought to be brought against him and keeping in view the manner and circumstance of implication of the petitioner in this case and regard being had to the pre trial detention of the petitioner since 20.01.2024 with submission of charge-sheet and taking into account the other circumstance on record in entirety including the failure of the Investigating Agency to report any criminal antecedent against the petitioner and release of co-accused Handi Muduli on bail in BLAPL No. 2040 of 2023 so also other co-accused persons in different bail applications, this Court admits the petitioner to bail.

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) with one solvent surety 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 shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with,

(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case and

(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on a Sunday of every week in between 10 A.M. to 12 Noon for six(06) 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 for grave/ similar offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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