Orissa High Court
Rahul vs State Of Orissa .... Opposite Party on 25 August, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 6955 of 2023
Rahul .... Petitioner
Mr. V.P. Singh, Advocate
-versus-
State of Orissa .... Opposite Party
Mr. T.K. Praharaj, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
25.08.2023 Order No.
06. 1. Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioner is an accused in connection with S.A. No. 34 of 2023, pending before the Court of the learned Special Judge, Nuapada, arising out of Khariar Road P.S. Case No. 42/2023-24 for alleged commission of offences under Sections 20(b)(ii)(C) of N.D.P.S. Act.
3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge, Nuapada by order dated 22.06.2023 in the aforementioned case, the present BLAPL has been filed.
4. It is submitted by the learned counsel that Petitioner is in custody since 09.06.2023 on the accusation of possessing the contraband (ganja) to the tune of 21 Kgs.
5. It is stated by the learned counsel that since the final P.R. has already been filed on 21.08.2023, further continuance of the Petitioner is in custody is unwarranted.
Page 1 of 26. An affidavit has been filed at the behest of the Petitioner indicating that he is the first offender.
7. Learned counsel for the State opposes the prayer for bail relying on the bar contained in Section 37 of the NDPS Act and also stating that the Petitioner is a flight risk.
8. It is further submitted by the learned counsel for the petitioner with vehemence that in the case at hand wrong weighment cannot be ruled out so as to invoke the rigors of Section 37 of the N.D.P.S. Act.
9. Considering that the Petitioner is the first offender, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
10. To allay the legitimate apprehension of the learned Public Prosecutor regarding ensuring the presence of the Petitioner during trial since he does not belong to the State of Odisha, additionally it is directed that one of the family members of the Petitioner shall execute a P.R bond in addition to the sureties in terms of the order of the learned Court in seisin and his criminal antecedent from P.S. Kaman Dist-Bharatpur State- Rajastan shall also be called for.
11. If it comes to fore that the Petitioners have any criminal antecedent, this order shall stand recalled.
12. Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till submission of final form. Certification of such appearance shall be submitted to the Court in seisin.
13. Accordingly, the BLAPL stands disposed of.
14. Urgent certified copy of this order be granted as per the rules.
Signature Not Verified Digitally Signed Signed by: SOUMYA RANJAN SAMAL Designation: Jr. Stenographer (V. NARASINGH) Reason: Authentication Location: High Court of Orissa Judge Date: 26-Aug-2023 13:54:43 Soumya Page 2 of 2