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 Jatni P.S. Case No.224 of 2020 corresponding
to T.R. Case No.241 of 2022 pending in the Court of learned Sessions Judge -cum- Special Judge, Khurda for alleged commission of offences under
section 21(c)/25/29 of the N.D.P.S. Act.
The petitioner moved an application for bail before the Court of learned 3rd Additional Sessions Judge, Bhubaneswar, which was rejected on
05.08.2022.
Learned counsel for the petitioner submitted that the petitioner was taken into judicial custody in connection with this case on 26.02.2022 and last time,
when he approached this Court for bail in BLAPL No.8002 of 2022, as per order dated 11.05.2023, he was granted interim bail for a period of three
months and after availing the same, he has surrendered at right time.
The status report indicates that out of fourteen charge sheet witnesses, three witnesses have been examined.
Considering the submissions made by the learned counsel for the respective parties, the period of detention of the petitioner in judicial custody and the
fact that the petitioner has not misutilised his liberty while on the interim bail period, 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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