A.K. Mohapatra, J
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State.
3. This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Muniguda P.S.Case No.30 of 2024, corresponding to T.R. Cse No.30 of 2024, pending in the Court of the learned Additional Sessions Judge-cum-Special Judge, Gunupur for alleged commission of offence under Sections 20(b)(ii)(C)/29 of NDPS Act.
4. 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 13.02.2024. He further contended that in the meantime the investigation must have progressed substantially. It is also contended by the learned counsel for the Petitioner that a total quantity of 28.400 grams of contraband ganja was recovered from five persons and package no.1 was seized from the exclusive and conscious possession of the Petitioner in which 3 kg. 80 grams of contraband ganja was kept. He further submitted that the Petitioner does not have any criminal antecedents of similar nature. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.
5. Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioner on the ground that such cases are increasing day-by-day and no leniency should be shown to the petitioner. He further submitted that the Petitioner belongs to State of Madhya Pradesh, therefore, release of the Petitioner on bail at this juncture would cause delay in conclusion of trial. On such ground learned counsel for the State prays for rejection of the bail application of the Petitioner at this juncture
6. Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, further taking into consideration the period of detention, this Court is inclined to release the Petitioner 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 subject to the following terms and conditions:
I) The Petitioner shall also file an affidavit before the Trial Court indicating therein his residential details and 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.
Violation of any of the terms and conditions shall entail cancellation of bail.
7. Further, the release of the Petitioner shall also be subject to the verification of any criminal antecedent of the Petitioner by the learned Court below. In the event, it is found that the Petitioner has any criminal antecedent of similar nature then the bail order shall not be given effect to.
8. BLAPL is accordingly disposed of.
9. Issue urgent certified copy as per Rules.
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