Makasudan Podar vs State Of Odisha

A.K. Mohapatra, J

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

Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State. Perused the records.

This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with P.R. No.233/2023-24 corresponding to 2(a)C.C. Case No.116 of 2023 pending in the Court of the learned Sessions Judge-cum-Special Judge, Cuttack for alleged commission of offence under Sections 20(b)(ii)/C of the N.D.P.S. Act.

It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 21.07.2023. He further submitted that in the meantime the investigation has been concluded and the Petitioner does not have any similar criminal antecedent. It was contended that the Petitioner was travelling along with three other persons and a total quantity of 52 kgs. of ganja was recovered from the vehicle i.e. TATA Safari in which they were travelling. In the aforesaid backdrop, he contended that he cannot be presumed that contraband articles were recovered on exclusive and concessions possession of the Petitioner. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on such terms and conditions as would be deemed fit and proper by this Court. He further submitted that in the meantime two persons have been released on bails, who were involved in this criminal case, namely, one Kaju Choudhury in BLAPL No.290 of 2024 on 01.02.2024 and another is Murari Kumar in BLAPL No.203 of 2024 on 01.02.2024.

Learned Additional Standing Counsel 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 Standing Counsel 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 learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, further taking into consideration the period of detention & the Petitioner does not have any similar criminal antecedents, the Petitioner be released on bail with stringent conditions.

Accordingly, it is directed that let the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/-(Rupees Fifty thousand) with two local solvent sureties for the like amount to the satisfaction of the learned court in seisin over the matter on such terms and conditions that may be imposed by the court in seisin over the matter subject to the following conditions:-

I) The Petitioner shall not be involved in any offence of similar nature;

II) he shall not tamper with the prosecution evidence or

try to threaten or influence the witnesses in any manner whatsoever;

III) he shall not make any default in attending the court during trial on each date without fail;

IV) he shall appear before the concerned Police Station once in a fortnight preferably on ‘Sunday’ in between 10.00 A.M. to 1.00 P.M. till conclusion of the trial.

V) he shall not leave the jurisdiction of the Court in seisin over the matter and shall furnish their address and mobile number to the police from time to time.

BLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules..

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