The high court allowed the petitioner's bail application in a narcotics case. Relying on the delayed custody and insufficient corroboration from the co-accused, the court released the petitioner on bail with a cash security of Rs. 30,000.
Order to release the petitioner on bail with a cash security of Rs. 30,000 and appearance requirements.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.2290 of 2022
Tapan Digal …. Petitioner Mr. S.K.Mishra Advocate -versus…. State of Odisha Opposite Party Mr.P. Tripathy, Addl. Standing Counsel CORAM: JUSTICE SASHIKANTA MISHRA ORDER Order No. 04.4.2022. 1. This matter is taken up through hybrid mode. 2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State. 3. The Petitioner is in custody since 18th January, 2022 in connection with Kantamal P.S. Case No.88/2021 corresponding to C.T. Case No.316/2021 pending in the court of learned Addl. Sessions Judge-cum-Special Judge, Kantamal for the alleged commission of the offence under Sections 20 (b)(ii) (C)/29 of the N.D.P.S. Act. 4. As it appears that the occurrence took place on 12th July, 2021 and basing on the statement of the co-accused person, the Petitioner was taken to custody almost after five months.
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Though it is stated that the Petitioner was also travelling in the same vehicle along with other co-accused persons and fled away on seeing the Police, yet without any direct or indirect material supporting the same, it becomes difficult for the Court to rely upon the version of the co-accused only.
(Sashikanta Mishra) AKB Judge
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1 issue framed by the court
Whether the petitioner should be granted bail given the period of detention and lack of incriminating material from the co-accused.
1 provisions across 1 enactments
Tapan Digal
State of Odisha
Sashikanta Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
