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. for grant of bail to the petitioner in connection with Khordha P.S. Case No.72 of 2020
corresponding to T.R. Case No.14 of 2020 pending in the Court of learned 1st Additional Sessions Judge -cum- Special Judge, under NDPS Act,
Khordha for alleged commission of offences under section 21(c)/29 of the N.D.P.S. Act.
The petitioner moved an application for bail before the Court of learned 1st Additional Sessions Judge -cum- Special Judge, under NDPS Act,
Khordha, which was rejected on 02.03.2024.
Learned counsel for the petitioner submitted that the petitioner was taken into judicial custody in connection with this case on 04.03.2020 and he was
released on interim bail twice by this Court in BLAPL No.7346 of 2021 and BLAPL No.6373 of 2023 and after availing the interim bail period, he has
surrendered at right time and in the trial Court, out of twenty eight charge sheet witnesses, six witnesses have been examined so far and therefore, the
bail application of the petitioner may be favourably considered.
Perused the status report submitted by the learned trial Court, which indicates, inter alia, that the petitioner has not misutilised the liberty while on
interim bail.
Considering the submissions made by the learned counsel for the respective parties, the period of detention of the petitioner in judicial custody and the
conduct of the petitioner in not misutilising his liberty so also surrendering at right time and the stage of trial, I am inclined to release the petitioner on
interim bail for a period of three months from the date of release and the petitioner shall surrender before the learned trial Court immediately on expiry
of the three months period.
For the above period, let the petitioner be released on interim bail in the aforesaid case on furnishing bail bond of Rs.50,000/- (rupees fifty thousand)
with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further terms and
conditions as the learned Court may deem just and proper including the conditions that he shall not indulge in any criminal activities and shall appear
before the learned trial Court on each date to which the case would be posted for trial during the interim bail period.
Violation of any of the terms and conditions shall entail cancellation of interim bail.
Accordingly, the BLAPL is disposed of.
Issue urgent certified copy as per Rules.
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