Allowed

Kuna Dalei v. State of Odisha

Orissa HC11 Nov 2021BLAPL/8415/2021

Case brief

AI extract

What is this about?

The High Court granted bail to the petitioner in a case regarding transportation of prohibited liquor. The petitioner fled the scene; however, the driver and another accused were released on bail. Bail was allowed subject to conditions.

What did the court decide?

Petitioner released on bail on furnishing a bond of Rs.40,000 with one solvent surety, to attend investigation and refrain from criminal activities.

Kuna Dalei 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.8415 of 2021

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Kuna Dalei

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…. Petitioner Mr.J. Kamila, Advocate

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-versus-

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State of Odisha

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…. Opp. Party Mr. A. Pradhan, Addl. Standing Counsel

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CORAM: JUSTICE R.K. PATTANAIK

ORDER

Order No.

11.11.2021

Heard learned counsel for the petitioner and learned counsel for the State.

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This is an application under Section 439 Cr.P.C. for grant of bail to the petitioner in connection with Kuakhia P.S. Case No.252 of 2021 corresponding to C.T. Case No.1497 of 2021 pending in the court of learned S.D.J.M., Jajpur on the grounds stated therein.

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Perused the F.I.R. and other documents.

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The complainant lodged the F.I.R. alleging therein that he was performing patrolling duty along with other staff on 23.7.2021 and at that time, had intercepted one Pickup Van bearing registration No.OD-04-A-5186 as they had credible information regarding transportation of ID liquor in that vehicle and in course of search, recovered 350 ltrs. of ID liquor.

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Learned counsel for the petitioner submits that the driver of the alleged vehicle has been granted bail by this Court in BLAPL No.6429 of 2021. A copy of the said order is made available to the Court. One more copy from an order dated 31.08.2021 in ABLAPL No.10740 of 2021 is produced in the Court today and it is contended that one of the accused persons pursuant to the said

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order was granted bail by the learned court below. It is contended that the petitioner said to have fled from the spot along with others. The driver of the accused was nabbed at the spot from whom the alleged recovery was made.

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Learned counsel for the State opposed the release of the petitioner on bail considering the quantity of liquor seized.

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From the impugned order, it is made to understand that it was from the possession of the driver of the vehicle, the recovery of 350 ltrs. of ID liquor was made. It is also revealed that the petitioner said to have fled from the spot on seeing the police party. As per the submission of learned counsel for the petitioner, the accused has no criminal track record.

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Having regard to the above facts and release of the driver accused in BLAPL No.6429 of 2021 and the fact that one more accused is also on bail, the Court is of the considered view that the petitioner should be released on bail with conditions.

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Accordingly, it is directed that the petitioner to be released on bail on furnishing a bail bond of Rs.40,000/- (rupees forty thousand) with one solvent surety for the like amount to the satisfaction of the learned Court below in seisin over the matter with conditions that he shall attend the PS as and when required for the purpose of investigation till charge sheet is filed; and shall not indulge himself in any such criminal activities, while on bail.

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The BLAPL is accordingly disposed of.

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

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KC Bisoi

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Kuna Dalei v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kuna Dalei v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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