Kalu @ Akhaya Bhoi @ Akshay Bhoi @ Golden Bhoi vs State Of Odisha

S.K. Sahoo, J

This matter is taken up by video conferencing mode.

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 439 of Cr.P.C. in connection with Spl. G.R. Case No.69 of 2020 arising out of Kakatpur P.S. Case No.215 of 2020 pending in the Court of learned Addl. Sessions Judge -cum- Special Court, Nimapara for offences punishable under sections 21(c) and 29 of the N.D.P.S. Act.

The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge - cum- Special Court, Nimapara, which was rejected on 21.01.2021.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 08.11.2020 and he has been charge sheeted under sections 21(c) and 29 of the N.D.P.S. Act and nothing was seized from the possession of the petitioner and basing on his confessional statement before the police, the petitioner has been falsely implicated in the case and therefore, the bail application of the petitioner may be favourably considered.

Learned counsel for the State, on the other hand, submitted that the petitioner along with another co-accused were coming in a motor cycle and when they were restrained on the way, they confessed before the police that they were patrolling another motor cycle in which two of the co-accused persons were carrying brown sugar and accordingly, after some time another black colour motor cycle came in which two of the co-accused persons, namely, Mir Rahat Alli and Mir Roshan Alli were present and from the possession of Mir Rahat Alli, 298 grams of brown sugar was seized. Learned counsel for the State further submitted that the petitioner has got one criminal antecedent but that was not under the N.D.P.S. Act.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the fact that nothing has been seized from the possession of the petitioner and his implication in the case is based on the confessional statement of co-accused persons before police and in view of the decision of the Hon'ble Supreme Court in the case of Tofan Singh - Vrs.- State of Tamil Nadu reported in (2020) 80 OCR (SC) 641 and keeping in view the provisions under section 37 of the N.D.P.S. Act and the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper including the conditions that the petitioner shall not indulge in criminal activities while on bail and shall appear before the learned trial Court on each date to which the case would be posted for trial. Violation of any of the conditions shall entail cancellation of bail.

The BLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

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