Allowed

Naresh Kanhar v. State of Odisha

Orissa HC2 Jun 2020BLAPL/9437/2019

Case brief

AI extract

What is this about?

This judgment grants bail to a petitioner accused in a narcotics case where ganja was recovered from a locked compartment under another accused's custody. The court found insufficient evidence to infer the petitioner's knowledge and released him pending trial.

What did the court decide?

Petitioner released on bail in Balliguda P.S. Case No.107 of 2019/CT Case No.97 of 2019 with standard conditions.

Naresh Kanhar Vs State of Odisha — Bail and Remand | Orissa HC (2020)

¶1

BLAPL No.9437 of 2019

¶2

02.06.2020

¶3

This matter is taken up through Video conferencing.

¶4

The petitioner being in custody in connection with Balliguda P.S. Case No.107 of 2019 corresponding to C.T. Case No.97 of 2019 pending in the court of the learned Addl. District & Sessions Judge-cum-Special Judge, Balliguda has filed this application under section 439, Cr.P.C. for his release on bail.

¶5

Learned counsel for the petitioner submits that this petitioner has been arraigned in the case being portrayed as a passenger in the car in question. He further submits that the contraband ganja has been recovered from the dickey of the vehicle which was under lock and key in custody of the accused Jagyasena Kanhar. It is his submission that on the basis of the above materials projected by the prosecution, the knowledge of this petitioner as to the keeping of ganja is not readily inferable. In view of all the above, further placing the period of detention of the petitioner in custody and completion of investigation, in the absence of any such materials to show that there remains likelihood on the part of the petitioner to flee from justice and the tamper the evidence as most of the witnesses are officials; he urges for grant of bail to the petitioner.

¶6

Learned counsel for the State opposes the move in view of the quantity of contraband ganja involved in the case.

¶7

Considering the submissions made and on going through the materials available on record; further keeping in view the surrounding circumstances including the period of detention of the petitioner in custody and in the absence

¶8

of any other impediment, it is directed that the petitioner be released on bail in the aforesaid case with such terms and conditions as deemed just and proper by the court in seisin of the case with further conditions that he will appear in person before the court in seisin of the case on each date of posting of the case and will not indulge himself in commission of similar type of offence.

¶9

The BLAPL is accordingly disposed of.

¶10

………………….. D. Dash,J.

¶11

Aks

Naresh Kanhar v. State of Odisha

Case brief

What is this about?

What did the court decide?

Naresh Kanhar v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dusasan Parida Vs State of Odisha

Gopal Krishna Sahoo Vs State of Odisha

Jananjay Patra @ Dhananjaya Patra Vs State of Odisha

Amira Ku Gouda Vs State of Odisha

Damodar Swain@Sahu Vs State of Odisha

Anam @ Satyaprakash Jena Vs State of Odisha