p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3693 of 2024 Madhu Khara …. Petitioner Mr. S.K. Rout, Advocate Versus- State of Odisha …. Opposite Party Mr. P.K. Ray, AGA CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 13.01.2025 04. 1. Heard Mr. Dwibedi, learned counsel for the petitioner and Mr. Ray, learned AGA for the State. 2. Instant petition under Section 439 Cr.P.C. is filed for release of the petitioner on bail in connection with T.R. No.105 of 2023 pending in the file of learned Additional Sessions Judge-cum-Special Judge, Koraput corresponding to Machhakund P.S. Case No.118 of 2023 on the grounds stated therein. 3. Perused the F.I.R. as at Annexure-1 and the rejection order i.e. Annexure-2. A certified copy of the chargesheet is produced in Court today by learned counsel for the petitioner and the same is also perused. 4. Considered the submission of learned counsels for the respective parties. 5. From the chargesheet, it is made to suggest that three accused persons are involved, two of them have been managed to flee from the spot, whereas, the petitioner was nabbed by the police party and he is in custody from 20th September, 2023 and in the meantime, with the closure of investigation, the chargesheet was filed in the month of March, 2024. It is claimed that the petitioner is a local man and was travelling in the alleged vehicle transporting p. 2 the contraband Ganja. Admittedly, commercial quantity is seized in connection with the alleged incident but considering the fact that he has no account in the Bank revealed from the chargesheet and in absence of any other criminal antecedent of similar nature, it is submitted that he should be allowed to go on bail. 6. Mr. Ray, learned AGA for the State opposed release of the petitioner on bail on the ground that commercial quantity of commercial quantity of Ganja was seized from the vehicle in question, which was intercepted by the local police. 7. From the chargesheet, it is revealed that the investigation was concluded and identity of supplier could not be ascertained. The petitioner as further revealed in the chargesheet has no account in the local branch of the SBI. The recovery and seizure were made from a vehicle and the petitioner was one of the inmates travelling therein and was arrested. Having regard to the above facts and submissions of learned counsel for the respective parties and on the closure of investigation, the chargesheet is filed almost a year back and the petitioner claimed to have no other antecedent of similar nature and being in custody ever since the date of his arrest and the charge has not been framed yet, hence, commencement of trial is most unlikely in recent future, the Court is of the view that he being a local man and a resident staying within the limits of the concerned P.S. should be allowed to go on bail subject to the following conditions. 8. Hence, it is ordered. 9. In the result, petition under Section 439 Cr.P.C. stands allowed. Consequently, the petitioner is directed to go on bail in connection with T.R. No.105 of 2023 corresponding to Machhakund P.S. Case No.118 of 2023 subject to him furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with two solvent p. 3 sureties for the like amount each to the satisfaction of the Additional Sessions Judge-cum-Special Judge, Koraput, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case and upon verification with absence of similar antecedents. 10. The BLAPL is disposed of. 11. Urgent certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge Balaram