Bail can be granted under Section 439 of Cr.P.C. when the bar under Section 37 of the NDPS Act is not applicable, provided conditions are imposed to ensure trial integrity.

1. This matter is taken up through Hybrid mode.

2. Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party.

Perused the materials placed before this Court.

3. The present bail application under Section 439 of Cr.P.C . has been filed by the Petitioner for regular bail relating to Chitrakonda P.S.

Case No.57 of 2023, corresponding to Special G.R. Case No.89 of 2023, pending before the learned Sessions Judge-cum-Special Judge, Malkangiri for alleged commission of offence punishable under Section 20(b)(ii)(C) of NDPS Act.

4. Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 01.10.2023. He further contended that the investigation has been completed and the final PR has been submitted. It was also contended that the FIR has been registered against unknown accused person.

Learned counsel for the Petitioner further contended that the Petitioner has been falsely implicated in the present case. It was also contended that since no recovery has been made from the exclusive and conscious possession of the present Petitioner, the bar under section 37 is not attracted to the facts of the present case. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and condition which the Petitioner undertakes to abide by while on bail.

5. Learned counsel for the State on the other hand contended that the allegations made in the FIR are serious in nature. Learned counsel for the State opposed the release of the Petitioner in view of the nature and seriousness of allegation made against the Petitioner. Therefore, he submitted that the prayer for bail of the Petitioner be rejected at this juncture.

6. Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, and the fact that the final PR has been submitted in the meantime, and the fact that the bar under section 37 is not attracted to the facts of the present case, this Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.40,000/- (Rupees Forty Thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter.

Release of the Petitioner shall also be subject to following conditions:-

i) he shall not be involved in any offence of similar nature while on bail;

ii) he shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever, iii) he shall not make any default in attending the court during trial on each date without fail.

iv) he shall appear before the concerned Police Station once in a fortnight for a period of four months preferably on a 'Sunday’ in between 10.00 A.M to 1.00 PM.

Violation of any of the terms and conditions shall entail cancellation of bail.

7. It is further directed that the bail granted to the Petitioner is subject to the condition that the court below shall verify whether the Petitioner is having any similar criminal antecedent. In the event it is found that the Petitioner is having more than one similar criminal antecedent, this bail order shall automatically stand revoked. Violation of any of the terms and conditions shall entail cancellation of bail.

8. The BLAPL is, accordingly, disposed of.