S.K. Sahoo, J
This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and learned counsel
for the State.
This is an application under section 439 of Cr.P.C. in connection with T.R. Case No.67 of 2020 arising out of Mithili P.S. Case No.98 of 2020 pending
in the Court of learned Sessions Judge -cum- Special Court, Malkangiri for offences punishable under sections 21(c) and 29 of the N.D.P.S. Act.
The petitioner moved an application for bail before the Court of learned Sessions Judge -cum-Special Court, Malkangiri, which was rejected on
14.07.2020.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 10.07.2020 and his implication in the case is based on the
confessional statement of the co-accused before the police. It is further submitted that there is inordinate delay in the disposal of the trial and
therefore, the bail application of the petitioner may be favourably considered.
Learned counsel for the State, on the other hand, submitted that from the possession of the petitioner, one Aadhar card, one mobile phone and
contraband articles were seized.
The status report furnished by the learned trial Court dated 17.02.2022 indicates that out of nineteen charge sheet witnesses, nine witnesses have been
examined so far in the learned trial Court.
Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the fact that
nothing incriminating has been seized from the possession of the petitioner and his implication in the case is based on the confessional statement of co-
accused persons before police and in view of the decision of the Hon’ble Supreme Court in the case of Tofan Singh -Vrs.- State of Tamil Nadu
reported in (2020) 80 OCR (SC) 641 and keeping in view the provisions under section 37 of the N.D.P.S. Act and the period of detention of the
petitioner in judicial custody, I am inclined to release the petitioner on bail. Let the petitioner be released on bail in the aforesaidÂ
case on furnishing cash security of Rs.50,000/- (fifty thousand) along with bail bond of Rs.50,000.00 (rupees fifty thousand) with two
local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and
conditions as the learned Court may deem just and proper including the following conditions:
(i) the petitioner shall not indulge in any criminal activities while on bail;
(ii) he shall appear before the learned trial Court on each date to which the case would be posted for trial;
(iii) he shall not leave the jurisdiction except with the permission of the learned trial Court; Violation of any of the conditions shall entail cancellation of bail.
The BLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules.
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