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Judgment
Dr.S.K. Panigrahi, J
F.I.R.
No.
Dated
Police
Station
Case No. and
Courts’ Name
Sections
0004
14.01.2020
Raikia
C.T. Case No.05 of 2020 arising out of Raikia P.S. Case No. 04 of 2020 now pending in the Court of learned Special Judge -cumAddl. Dist. and Sessions Judge, Balliguda
Section 279, 337, 338 & 307 of IPC & U/s 20(b)(ii)(C) of the N.D.P.S. Act.
This matter is taken up through hybrid arrangement.
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner has filed this BLAPL for his release on bail in connection with C.T. Case No.5 of 2020 arising out of Raikia P.S. Case No.04 of 2020 registered for commission of offences under Section 279/ 337/ 338 & 307 of IPC & Sections 20(b)(ii)(C) of the N.D.P.S. Act .
Learned counsel for the Petitioner submits that on earlier occasion the Petitioner was enlarged on bail by this Court vide order dated 28.03.2022 passed in BLAPL No.1942 of 2022. Thereafter, for the nonappearance of the Petitioner before the court below on the date fixed i.e. on 14.08.2023 due to communication gap with his Advocate, N.B.W. was issued against him vide order dated 14.08.2023 passed by the court below.
Accordingly, on the strength of the said N.B.W. the Petitioner was arrested on 13.02.2024 and has been languishing in the jail custody since then. He further submits that the Petitioner had filed an application for his release on bail before the court below, which has been rejected vide order dated 16.02.2024. Hence, this BLAPL.
Learned counsel for the State vehemently opposes the prayer for bail of the Petitioner.
Considering the submission of learned counsel for the Petitioner that the Petitioner defaulted in making his appearance before the court below for the first time after being released on bail, this Court taking a liberal view directs the court in seisin over the matter to release the Petitioner on bail in connection with the above noted case on furnishing a receipt showing payment of a cost of Rs.2,000/- (Rupees Two thousand only) in favour of the “Orissa High Court Bar Association Welfare Fund”, with further conditions that:-
i. the Petitioner shall appear before the learned trial court on each date of posting of the case;
ii. the Petitioner shall not indulge in any criminal activities in future;
iii. the Petitioner shall not tamper the evidence of the prosecution witnesses in any manner;
Violation of any of the above conditions shall entail cancellation of the bail.
The BLAPL is, accordingly, disposed of.
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