Suhil Zakkeer vs State Of Odisha

A.K. Mohapatra, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical 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 in connection with Ambadola PS Case No.64 of 2024 dated 10.03.2024 which corresponds to T.R. Case No. 41 of 2024, pending in the Court of learned Additional Sessions Judge-cum-Special Judge, Gunupur for alleged commission of offence punishable under Sections 20(b)(ii)(c) of the N.D.P.S. Act.

Learned counsel for the Petitioner submits that earlier this matter was not before any of the bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 11.03.2024. He further contended that the investigation has progressed substantially in the meantime. Referring to the allegation made in the F.I.R. learned counsel for the petitioner submitted that the petitioner had come from Kerala to attend a marriage and was returning to his home state. While waiting at the railway station, the petitioner was arrested on the allegation of possessing 31 Kg. 220 grams of contraband ganja. It was also contended that such contraband ganja was recovered from the railway platform and the petitioner was merely standing nearby. On such ground learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. He further submitted that the Petitioner does not have any similar criminal antecedent. Learned counsel for the petitioner submitted that even though the petitioner is from outside the State of Odisha, he is ready and willing to abide by any terms and condition imposed by this Court in the event he is released on bail.

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 considering the nature of allegation and the contraband used in the present case, the release of the petitioner would be a threat to the society. Therefore, he submitted that the prayer for bail of the Petitioner be rejected at this juncture.

Having heard the learned counsels appearing for the respective parties and on a careful examination of the surrounding facts and circumstances of the present case and further keeping the view the period of detention of the Petitioner in jail custody and the fact that the Petitioner does not have any similar criminal antecedent, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions.

Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing 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 Court in seisin over the matter subject to the following terms and conditions:

I) The Petitioner shall also file an affidavit before the Trial Court with regard to indicating there his residential details other details like Aadhar No., Phone No. before the jurisdictional police station & further release of the Petitioner shall be subject to verification of such details as would be furnished by any relative of the Petitioner in the shape of an affidavit.

II) he shall not be involved in any offence of similar nature while on bail;

III) he shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever;

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

V) 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.

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

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 similar criminal antecedent, this bail order shall automatically stand revoked.

The BLAPL is, accordingly, disposed of.

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