IN THE HIGH COURT OF ORISSA: CUTTACK

(Criminal Miscellaneous Jurisdiction)

BLAPL No. ____ /2019

Code No. _________

In the matter of:

An application U/s 439 of Cr.P.C for bail.

In the matter of:

An application arising out of T.R. Case No. 108/19

corresponding to P.R. Case No. 30/ 2019-20 of Exise

District Mobile Malkangiri now pending before the

Learned District and Session Judge cum Special Judge,

Malkangiri.

And

In the matter of:

1. Sumant Mandal, aged about 24 years

S/o Shankar Mandal

Vill- M.V. 69 P.S.- Kalimela

Dist.- Malkangiri

2. Harekrushna Dhali, aged about 23 years

S/o Tapas Dhali

Vill- M.V. 69 P.S.- Kalimela

Dist.- Malkangiri
 3. Rohit Dhali, aged about 22 years

S/o- Sushil Dhali

Vill- M.V. 69 P.S.- Kalimela

Dist.- Malkangiri

4. Prasanjit Ray, aged about 22 years

S/o – Paresh Ray

Vill- M.V. 69 P.S.- Kalimela

Dist.- Malkangiri

5. Jabaran Singh, aged about 61 years

S/o – Late Litan Singh

Vill- M.V. 69 P.S.- Kalimela

Dist.- Malkangiri

…………………………..Petitioners

(In Jail Custody)

-Versus-

State of Orissa ………………………… Opp. Party

(The matter out of which this Bail application arises was never

before this Hon’ble Court in any form whatsoever as per

instruction received from my client)

To

The Hon’ble Shree Justice K.S. Javeri, B.Sc LLB the Chief

Justice of Orissa High Court and his Lordship Companion

Judges of the said Hon’ble Court.

The humble petition of the

Petitioner named above;

Most Respectfully Sheweth:

1. That on 09.09.2019 FIR was lodged against the petitioners

by one Rudra Madhab Muduli, S.I of Police Malkangiri P.S.

vide P.S case no. 195/2019 was registered for commission

of offence punishable U/s 20(b)(ii)(c) of NDPS Act and said

case is now pending before the Learned District and Session

Judge cum Special Judge, Malkangiri being number as T.R.

Case No. 102/19.

2. That the prosecution allegation as it reveals from the FIR is

that on 27.08.2019 at around 10:30 PM during the course

of MV checking on NH 326 the S.I of Poilce of Malkangiri P.S

detected a White coloured Mahindra Scorpio bearing Redg.

No. OD-10K-0069 with 3 people in it and another Mahindra

Bolero bearing Redg. No. CG-07-F-3417 with 2 people in it.

It is further alleged that seeing the police patrolling the

petitioners tried to run away leaving both the vehicles but

were caught hold off and on checking those vehicles around

208.2 kg of contraband Ganja (with bag 209 KGs) from the

accused person.

The Xerox copy of the PR is filed herewith

as ANNEXURE- 1

3. That the bail application in terms of section 439 CrPC was

moved before the learned court below but the same was

rejected without assigning any sound reason and without

application of judicial mind.

The true copy of rejection order is filed

herewith as ANNEXURE – 2
4. That the petitioners are poor, innocent and law abiding

person. They have no criminal antecedent. They are no way

involved in the crime. The S.I of the Police Malkangiri P.S

has not seized any Ganja from the exclusive and conscious

possession of the petitioners. The petitioners were arrested

on 28.08.2019 and since then he is languishing in jail

custody without any rhyme and reason.

5. That, it is respectfully submitted that except the informant

and his staffs there are no independent witness to the

occurrence. No contraband Ganja was seized from the

possession of the petitioners. That, it is respectfully

submitted that even after accepting the entire allegation

are to be true the basic ingredients to constitute the above

offences are square lacking against the petitioner.

6. That the petitioners are the permanent resident of Orkel P.S

of Malkangiri district and hence there is no chance of

absconding / fleeing from trial. The petitioners are young

men having their bright future ahead, a lenient view be

taken on their bail application.

7. That in the view of the above background the petitioners

prayer for bail deserve sympathetic consideration and they

may kindly be released on bail in any terms and conditions

as deemed just and proper.

PRAYER
The petitioners therefore prayed that in view of the above

mentioned facts and circumstances this Hon’ble Court be

sympathetic and considered to the bail application of the

petitioner and he may kindly be released on bail on any terms

and conditions as the Hon’ble Court thinks fit just and proper.

And for the said act of kindness, the petitioner as in

duty bound shall ever pray.

Cuttack By the petitioner through

Date: Advocate