Samim @ Samim Begum vs State Of Orissa

B. P. Routray, J

1.The matter is taken up through video conferencing mode.

Heard Mr. B.B. Routray, learned counsel for the Petitioner and Mr. K. Gaya, learned Additional Standing Counsel.

This is an application under Section 439 Cr.P.C. for grant of bail to the Petitioner Samim @ Samim Begum in connection with Bargarh Town P.S.

Case No.280 of 2021 corresponding to C.T. (Spl.) Case No.30 of 2021 pending in the court of learned Sessions Judge, Bargarh for alleged

commission of offence under Sections 21(b) of NDPS Act, Section 274/275 of the Indian Penal Code and Section 13 of the Drugs and Cosmetics

Act.

It is submitted that the Petitioner is inside custody since 24th June, 2021 and in the meantime investigation has been completed. It is further

submitted that the Petitioner was not present at the spot but has been implicated on the basis of statement of co-accused persons.

Mr. Gaya, learned Additional Standing Counsel submits that this Petitioner despite being a woman has several criminal antecedents as reflected in

the rejection order and she was implicated on the basis of statement of the co-accused from whom the alleged cough syrup bottles containing 384

grams of Codeine were recovered.

Having heard both parties and considering the period of detention of the Petitioner inside custody and the fact of completion of investigation, it is

directed to release the Petitioner on bail in the aforesaid case on such terms and conditions to be fixed by the learned court in seisin over the matter

including the condition that, the Petitioner shall not be involved in any other offence while on bail and shall appear before any lady officer authorized by

the I.I.C., Bargarh Town P.S. once in each week till completion of trial.

It is made clear that violation of any such conditions fixed by this Court or by the Court below shall entail cancellation of bail.

The BLAPL is accordingly disposed of.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order

available in the High Court’s website, at par with certified copy, in the manner prescribed vide Court’s Notice No.514 dated 7th January,

2022.

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