Allowed

Ishiq @ Ishaq Singh v. State of Odisha

Orissa HC6 Nov 2021BLAPL/8067/2021

Case brief

AI extract

What is this about?

Bail application filed under Section 439 Cr.P.C. in connection with a case involving transportation of illegal I.D. liquor. The court, noting no known criminal antecedents and substantial investigation completion, granted bail with specific conditions.

What did the court decide?

Petitioner released on bail on furnishing a bond of Rs. 50,000 with two solvent sureties for the like amount each, subject to conditions of conduct and weekly reporting.

Ishiq @ Ishaq Singh Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 8067 of 2021

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Ishiq @ Ishaq Singh …. Petitioner Mr.Sarat Ku. Jena, Advocate -versus-

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State of Odisha …. Opposite Party Mr. P.K.Mohanty, ASC

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CORAM:

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JUSTICE R.K.PATTANAIK

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Order No.

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ORDER 06.11.2021 1. Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State. 2. This is an application under Section 439 Cr.P.C. for grant of bail to the petitioner in connection with Kodala P.S. Case No.429 of 2021 corresponding to G.R. Case No. 1110 of 2021 pending in the Court of learned J.M.F.C., Khallikote.

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Perused the F.I.R. and impugned order dated 01.09.2021.

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As per the F.I.R., the complainant alleged that on 18.8.2021 at about 5.00 P.M., while he along with other staff were performing evening patrolling duty, received information from reliable source regarding illegal transportation of I.D. liquor to Kodala area, where after, they rushed to the spot, intercepted and detained the accused persons who were found carrying 500 liters of I.D. liquor and the same was seized. In connection with the said case, the petitioner was arrested and forwarded to the Court.

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Learned counsel for the petitioner submits that the alleged I.D. liquor was being transported in an Auto Rickshaw and accused was its driver which was also being occupied by another person and that apart, he does not have any criminal antecedent, therefore, should be released on bail.

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Learned counsel for the State opposed bail of the petitioner.

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The chemical examination report in respect of the sample suggested containing Urea and Methyl Alcohol. No instruction or information received regarding any criminal antecedent in respect of the accused concerned.

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Investigation is in progress. Admittedly, the materials collected prima facie show possession and recovery of I.D. liquor by the petitioner without any license or authority. The petitioner is in custody since 20.08.2021. The other accused has also been arrested. It seems that substantial part of the investigation is over. Considering the submissions made and for having no information regarding the criminal antecedent of the petitioner, the Court is of the considered view that he should be enlarged on bail with conditions.

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In the result, it is directed that the petitioner be released on bail on furnishing a bail bond of Rs.50,000/(rupees fifty thousand) with two local solvent sureties for the like amount each to the satisfaction of the learned court below in seisin over the matter with conditions that he shall not be involved any such criminal activities, while on bail; and shall conduct himself properly; and shall attend the P.S. and to report the I.O. concerned for the purpose of investigation at

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least once in a week preferably on Sunday between 10 A.M. to 1.00 P.M. without fail.

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The BLAPL is accordingly disposed of.

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An urgent certified copy of this order may be issued as per rules.

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( R.K.Pattanaik)

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Judge

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Ishiq @ Ishaq Singh v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ishiq @ Ishaq Singh v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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