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Judgment
Savitri Ratho, J
This application under Section 439 Cr.P.C. has been filed in connection with Khruda Industrial Estate P.S. Case No.11 of 2023 corresponding to T.R. Case No.122 of 2023, pending in the file of the learned 1st Addl. Sessions Judge-Cum-Special Judge (NDPS), Khordha under Section 21(b)/29 of the N.D.P.S Act read with U/s- 25/25 (6) (7) of the Arms Act.
The prayer for bail of the petitioner alongwith three other co-accused persons had been rejected vide order dated 23.12.2023 passed by the learned 1st Addl. Sessions Judge-Cum-Special Judge (NDPS), Khordha on the ground that 20 grams of brown sugar and one 7 mm pistol and two nos. of live cartridges have been recovered from the conscious and exclusive possession of the accused persons and as the investigation is at preliminary stage and taking into consideration the nature of the crime and its adverse impact on the young mass and economic condition of the Society.
Mr. S.K.Bhanjadeo, learned counsel for the petitioner submits that the petitioner is in custody since 04.12.2023 and he is a young boy of 23 years and does not have any criminal antecedents. He further submits that nothing has been seized from the possession of the petitioner as per the FIR. As the brown sugar and pistol has been recovered from the pockets of the co-accused, Chandan Nayak and Faruk Khan, there was no way the petitioner could have been known that they were in possession of the brown sugar or pistol. He further submits that the petitioner is being exposed to hardened criminals in jail.
Mr.S.S.Mohapatra, learned Addl. Standing Counsel opposes the prayer for bail stating that in view of the nature of allegations, it is necessary that the criminal antecedents of the petitioner should be verified as these types of offences are increasing day by day and there is allegation that the accused persons collected the brown sugar at the spot for distribution and sale of the same at different points.
Considering the nature of allegations, as the brown sugar and pistol have been recovered from the pockets of two co-accused persons and the submission that the petitioner does not have any criminal antecedents, I am inclined to allow the prayer for bail.
The petitioner- M.Ramesh Reddy shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, after verifying that he does not have any criminal antecedents, including the following conditions :
(i) He will not indulge in any criminal activity while on bail.
(ii) He will not threaten or try to influence prosecution witnesses while on bail.
(iii) He will remain present in the trial Court on each date it if fixed for trial unless his appearance is dispensed with by the learned trial Court under Section 317 Cr.P.C. on any particular day.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted as per rules.
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