Rash Bihari Mukhi vs State Of Odisha

A.K. Mohapatra, J

This matter is taken up through Hybrid mode.

Heard  learned  counsel  appearing  for  the  Petitioner  and  learned Additional  Standing  Counsel  appearing  for  the  State-Opposite  Party. Perused the materials placed before this Court.

The  present  bail  application  under  Section  439  of  Cr.P.C.  has been filed by the Petitioner for regular bail relating to Charge District Mobile Unit, Rourkela P.R.N. No. 494/2023-2024 arising out of Special 2(a) CC Case No.4 of 2024, pending before the learned 1st  Additional Sessions  Judge-cum-Special  Judge,  Rourkela,  for  alleged  commission of offence punishable under Section 20(b)(ii)(C) of NDPS Act.

Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 14.03.2024.  He  also  contended  that  the  investigation  has  progressed substantially and the final charge-sheet is likely to be filed soon. Learned counsel for the Petitioner further contended that as per allegation of the FIR, the total quantity of 20 kg and 100 gm of contraband ganja has been recovered from the possession of the present Petitioner. He also contended that the Petitioner has been falsely implicated in the present case. It was also contended that the Petitioner does not have any similar criminal antecedent. Further it was submitted that the Petitioner belongs to locality and there is no chance of locality. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and condition which the Petitioner undertakes to abide by while on bail.

Learned counsel for the State on the other hand contended that the allegations made in the FIR are serious in nature. Learned counsel for the State opposed the release of the Petitioner in view of the nature and seriousness of allegation made against the Petitioner. 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, and the seriousness and gravity of the allegation, and the fact that the Petitioner does not have any similar criminal antecedents, this Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.35,000/- (Rupees Thirty Five Thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter.

Violation of any of the terms and conditions 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 similar criminal antecedent. In the event it is found that the Petitioner is having any similar criminal antecedent, this bail order shall automatically stand revoked.

It is open for the Court in seisin over the matter to impose any other conditions as may be deemed just and proper.

The BLAPL is, accordingly, disposed of.

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