Pragyan Priya Swain @ Prajnapriya Swain 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 materials placed before this Court.

This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Special Crime Unit P.S.Case No.04 of 2024 corresponding to T.R.Case No.161 of 2024 pending in the Court of the learned District & Sessions Judge, Khurda for alleged commission of offence under Sections 21(c) & 29 of the NDPS Act.

It is submitted by the learned counsel for the Petitioner that the is in custody since 23.03.2024. He further contended that in the meantime the investigation has been progressed substantially and the Charge sheet is likely to be filed soon. It is further contended by the learned counsel for the Petitioner is a young girl aged about 20 years. The Petitioner was staying in a hostel and was prosecuting her study. While staying in the hostel, the Petitioner came in contact with the principal accused namely Subrat Khuntia, who happens to be a drugs smuggler. It is further contended by the learned counsel for the Petitioner that the Petitioner belongs to the locality and there is no chance of her absconding. He also contended that the Petitioner does not have any criminal antecedent. With regard to the bar under section 37 of the Act, learned counsel for the Petitioner submitted that the Petitioner is an innocent girl, who has been used by the principal accused, therefore, she has no knowledge and intention about smuggling of contraband article. In such view of the mater, learned counsel for the Petitioner submitted that the Petitioner does not have any criminal antecedent, therefore there is no possibility of committing such type of crime again in the event of release of the Petitioner on bail.

Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, opposed the prayer for release of the Petitioner on bail on the ground that the investigation is still on. He further submitted that the allegations made against the Petitioner is serious in nature. He further submitted that the cases of illegal transportation of contraband article are on rise in State of Odisha now-a-days. Therefore, no leniency should be shown to the accused persons, who are involved in such type of offence. In such view of the matter, it is submitted that the prayer for bail of the Petitioners be rejected at this juncture.

On careful examination of the materials, this Court observes that the principal accused Subrat Khuntia using young girls during smuggling business. The present Petitioner along with other innocent young girls have been engaged without considering the consequence of the crime. Considering the fact that the Petitioner does not have any criminal antecedent and she is young girl prosecuting her study by staying in the hostel, this Court is inclined to release the Petitioner on bail with stringent conditions. Accordingly the Petitioner be released on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter. Release of the Petitioner shall be subject to such terms and conditions that would be imposed by the learned court in seisin over the matter. It is made clear that one of the bailer shall be her parents or relatives of the Petitioner. Release of the Petitioner shall be subject to such conditions that may be imposed by the court in seisin over the matter. Violation of condition shall entail cancellation of bail

It is further directed that the bail granted to the Petitioner is subject to the condition that the court below shall verify whether the Petitioner is having any criminal antecedent of similar nature. In the event it is found that the Petitioner is having any criminal antecedent of similar nature, this bail order shall automatically stand revoked.

The BLAPL is, accordingly, disposed of.

Issue urgent certified copy of this order as per Rules.

.…………………………..