IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.7769 of 2024 Hemant Nayak …. Petitioner Mr. J. Sahoo, Advocate Versus- State of Odisha …. Opposite Party Mr. P.K. Ray, AGA CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 13.01.2025 03. 1. Heard Mr. Sahoo, 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 2(a) C.C. No.11 of 2024 pending in the file of learned Special Judge-cum- Sessions Judge, Gajapati, Paralakhemundi corresponding to P.R. No.9 of 2023-24 on the grounds stated therein. 3. This Court by order dated 20th August, 2024 had directed to the State to collect information vis-à-vis criminal antecedent of the petitioner, which has not been received as yet, as informed by Mr. Ray, learned AGA for the State. Mr. Sahoo, learned counsel for the petitioner, however, submits that the accused has none and a first-time offender. 4. Perused the F.I.R. as at Annexure-1 and the rejection order i.e. Annexure-2. It is made to reveal from Annexure-1 that the petitioner was plying the auto-rickshaw involved from which 96Kgs. of contraband Ganja was recovered. It is submitted that the petitioner is a college going student and while stating so, Mr. Sahoo, learned counsel refers to the affidavit as at Flag-C and the documents in support thereof as Flag-B. Admittedly, commercial quantity of contraband Ganja was recovered and seized in connection with the alleged incident. The petitioner is the only accused, who has been implicated and is in custody since 22nd April, 2024 and it is claimed that the final P.R. is already filed with the closure of investigation. The petitioner is a boy aged about 20 years and stated to have no criminal antecedent of similar nature. Even though, commercial quantity of contraband Ganja seized and it was in the presence of the petitioner, considering the fact that the investigation is concluded and the trial is unlikely to commence soon without any charge being framed till date again informed by Mr. Sahoo, learned counsel appearing for him, the Court considering him to be a local resident and having no antecedents accepting the affidavit as at Flag-C at its face value is of the view that he should be allowed to go on bail subject to conditions. 5. Hence, it is ordered. 6. In the result, petition under Section 439 Cr.P.C. stands allowed. Consequently, the petitioner is directed to go on bail in connection with 2(a) C.C. No.11 of 2024 corresponding to P.R. No.9 of 2023-24 subject to him furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with two solvent sureties for the like amount to the satisfaction of the Special Judge-cum-Sessions Judge, Gajapati, Paralakhemundi, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case. The Court further directs that such release of the petitioner shall be on verification and absence of criminal antecedents of similar nature against him. 7. The BLAPL is disposed of. 8. Urgent certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge Balaram