IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.13103 of 2024 Chittaranjan Raika …. Petitioner Mr. J. Sahoo, Advocate -Versus-

State of Odisha …. Opposite Party Mr. C.M.Singh, ASC CORAM:

MR. JUSTICE R.K. PATTANAIK ORDER

27.01.2025 Order No.

02. 1. Heard Mr. Sahoo, learned counsel for the petitioner and Mr. Singh, learned ASC for the State.

2. Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with G.R. No.26 of 2024 pending in the file of learned Additional Sessions Judge-cum-Special Judge, Paralakhemundi, Gajapati arising out of R.Udayagiri P.S.

Case No.23 of 2024 on the grounds stated therein.

3. Mr. Sahoo, learned counsel for the petitioner submits that the petitioner was caught at the spot but he is a cultivator and has been in custody from 9^th February, 2024 and since, in the meantime with the closure of investigation, the chargesheet is filed, he should be allowed to go on bail with any conditions.

4. Mr. Singh, learned counsel for the State, on the other hand, opposed release on the ground that the recovery and seizure has been made from and in the immediate presence of the petitioner when the other suspects managed to flee from the spot.

5. Gone through the chargesheet filed in the month of June, 2024 and other relevant documents including the seizure memos. Admittedly, commercial quantity of contraband Ganja has been recovered and seized by the local police. It is also made to suggest that the polythene bags with contraband substance have been recovered at the instance of the petitioner, who allegedly claimed to be one of the cultivators with the co-accused, namely, Nabin Mandal. In fact, the chargesheet is filed showing the accused as an absconder. Considering the circumstances leading to the recovery and seizure and it was at a time when the petitioner was found near the spot and such was with regard to 420 Kgs. of contraband Ganja and in the meantime, the investigation is concluded, regard being had to the fact that the petitioner alleged to be a cultivator with such cultivation being carried out inside a forest area, the Court, recording the submission that he has no other antecedent of similar nature, is inclined to grant him bail with stringent conditions.

6. Hence, it is ordered.

7. In the result, petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to go on bail in connection with G.R. No.26 of 2024 arising out of R.Udayagiri P.S. Case No.23 of 2024 subject to him furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with one solvent surety for the like amount to the satisfaction of learned Additional Sessions Judge- cum-Special Judge, Paralakhemundi, Gajapati, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, he shall not involve himself in any such similar criminal activities, while on bail and submit an undertaking to that effect at the local P.S.

8. The BLAPL is disposed of.

9. Urgent certified copy of this order be granted as per rules.

(R.K. Pattanaik)

Judge Balaram Signature Not Verified Digitally Signed Signed by: BALARAM BEHERA Reason: Authentication Location: OHC, CTC Date: 28-Jan-2025 14:25:19