Orissa High CourtKashinath Bagel vs State Of Odisha .... Opposite Party on 16 August, 2021Author:D.DashBench:D.DashIN THE HIGH COURT OF ORISSA AT CUTTACK\n\n                           BLAPL No.10424 of 2019\n\n\n        Kashinath Bagel                          ....             Petitioner\n                                               Mr.R.L. Pattnaik, Advocate\n\n                                    -versus-\n        State of Odisha                           ....       Opposite Party\n                                                       Mr.D.R.Parida, ASC\n\n                  CORAM:\n                  MR. JUSTICE D.DASH\n\n                                    ORDEROrder                              16.08.2021\nNo.\n\n\n  04.   1.      This matter is taken up through Hybrid Arrangement\n        (Virtual/Physical Mode).2.      The Petitioner who is in custody in Orkel P.S. Case\n        No.137 of 2018 corresponding to T.R. Case No.140 of 2018\n        pending in the court of the learned Sessions Judge-cum-Special\n        Judge, Malkangiri running for the alleged commission of\n        offence undersection 20(b)(ii)(C)/25/29/27-Aof the NDPS Act\n        has filed this application undersection 439, Cr.P.C. for his\n        release on bail.3.      Learned counsel for the petitioner submits that although\n        the vehicle in which this petitioner was travelling was found to\n        be carrying 44 kgs and odd of ganja in two packets, yet the\n        recovery of ganja made from the other following vehicle, i.e,Page 1 of 3// 2 //\n\n\n\n\naround 65 kgs, having been added; this petitioner has been\nimplicated for the alleged carriage of 108 kgs of ganja\nrecovered from all the vehicles. He further submits that two\npackets containing in total 44 kgs and odd of ganja, is said to\nhave been recovered from the vehicle wherein this Petitioner\nwas sitting and, therefore, the knowledge of this petitioner as to\nthe keeping of ganja in the vehicle is not readily inferable. It is\nsubmitted that co-accused persons similarly situated with the\nPetitioner are on bail by the order passed by this Court in\nBLAPL No.492 of 2019 and others. In view of all the above,\nwhen there remains least scope on the part of the petitioner to\nflee from justice or tamper the evidence, he urges for grant of\nbail to the Petitioner who has already remained in custody since\n9.12.2018.4.      Learned counsel for the State opposes the move in view\nof the fact that the petitioner is involved in commission of\noffence concerning the commercial quantity of ganja.5.      Considering the submissions made and on going\nthrough the materials available on record; further keeping in\nview the surrounding circumstances as also the period of\ndetention of the petitioner in custody, it is directed that the\nPetitioner be released on bail in the aforesaid case with such\nterms and conditions as deemed just and proper by the court in\nseisin of the case with further conditions that:-Page 2 of 3// 3 //\n\n\n\n\n       a.      he shall furnish his present address along with the\n       contact mobile number by way of affidavit and in case of any\n       change; shall intimate the same in that way;b.      shall   appear   before    the   Inspector-in-Charge      of\n       Jagdalpur Police Station in the District of Bastar, State-\n       Chhatisgarh every alternate Monday in between 10.00 am to\n       2.00 pm for a period of next one year; and\n\n\n       c.      shall appear in person before the Court in seisin of the\n       case on each date of posting of the case till conclusion of the\n       trial except under some exception circumstance to the\n       satisfaction of the Court.Violation of any of the above condition(s) shall entail\n       cancellation of bail.6.      The BLAPL is accordingly disposed of.Issue urgent certified copy of this order as per rules.(D.Dash)\n                                                 Judge\n\n\nBasuPage 3 of 3