Kundan Yadav vs State Of Odisha … Opposite Party on 28 March, 2025

Orissa High Court

Kundan Yadav vs State Of Odisha … Opposite Party on 28 March, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                     BLAPL No.12801 of 2024

        Kundan Yadav                        ...        Petitioner
                                        Mr. A. Biswal, Advocate
                              -versus-
        State of Odisha                     ...   Opposite Party
                                     Mr. M.K. Mohanty, Addl. PP

                              CORAM:
                       JUSTICE G. SATAPATHY

                              ORDER(ORAL)

Order No.                      28.03.2025
   03.       1.      This   matter     is   taken   up   through   Hybrid

Arrangement (Virtual/Physical Mode).

2. This is a bail application U/S.483 of BNSS by the
petitioner for grant of bail in connection with PR No.698
of 2022-2023 corresponding to 2(a)CC Case No.65 of
2023 pending in the file of learned 2nd Additional Sessions
Judge, Cuttack, for commission of offences punishable
under Sections 20(b)(ii)(C)/29 of NDPS Act, on the
allegation of transporting 78Kgs of Contraband Ganja in a
Skoda Fabia bearing Regd. No.OR-05-AJ-3333.

3. Heard, Mr. Amit Biswal, learned counsel for the
petitioner and Mr. M.K. Mohanty, learned Additional Public
Prosecutor in the present matter and perused the record.

4. It is brought to the notice of the Court that the
petitioner is in custody since 27.03.2023, but the trial is
yet to be concluded and only one out of three witnesses
has been examined, however, such witness being a
seizure witness has turned hostile to the prosecution
case. The quantity of Contraband Ganja seized in this

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case is commercial in nature and the provision of Section
37 of NDPS Act may ordinarily be attracted, but in the
peculiar facts and circumstance of the case, especially
when no criminal antecedent of similar nature has been
reported against the petitioner, this Court considers that
the conditions of Section 37 of NDPS Act may be
dispensed with at this stage for the petitioner, especially
when the trial is yet to be concluded even after two years
of custody of the petitioner.

5. For the reason stated hereinabove and taking
into account the pre trial detention of the petitioner in
custody and keeping in view the other circumstances on
record in entirety, this Court without expressing any view
on merits, admits the petitioner to bail.

6. Hence, the bail application of the petitioner
stands allowed and the petitioner is allowed to go on bail
on furnishing bail bonds of Rs.1,00,000/- (Rupees One
Lakh) only with two solvent sureties each for the like
amount to the satisfaction of the learned Court in seisin
of the case on such terms and conditions as deem fit and
proper by it with following conditions:-

(i) the petitioner shall not commit any
offence while on bail,

(ii) the petitioner in the course of trial
shall attend the trial Court on each date of
posting without fail unless his attendance
is dispensed with. In case the Petitioner
fails without sufficient cause to
appear in the Court in accordance
with the terms of the bail, the learned
trial Court may proceed against the

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Petitioner for offence U/S.269 of BNS,
2023 in accordance with law,

(iii) the petitioner shall not leave the
territorial jurisdiction of the trial Court
without prior permission till disposal of the
case by intimating his present address of
stay and

(iv) the petitioner shall report attendance
before the IO once in a fortnight
preferably on 2nd Sunday of each month in
between 10 A.M. to 12 Noon for six(06)
months from the actual date of his release
from the custody.

The IO shall not detain the petitioner
unnecessarily after recording his attendance beyond the
time as stipulated.

It is clarified that the Court in seisin of the case
will be at liberty to cancel the bail of the petitioner
without further reference to this Court, if any of the
above conditions are violated or a case for cancellation of
bail is otherwise made out. In the wake of aforesaid, the
subsequent involvement of the petitioner in future any
offence under NDPS Act on prima facie accusations may
be treated as a ground for cancellation of bail in this case.

7. Accordingly, the BLAPL stands disposed of.

8. Issue urgent certified copy of the order as per
Rules.

(G. Satapathy)
Signature Not Verified Judge
Digitally Signed
Signed by: PRIYAJIT SAHOOSubhasmita

Reason: Authentication
Location: HIGH COURT OF ORISSA
Date: 29-Mar-2025 13:24:42

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