Allowed

Sanatan Mantry v. State of Odisha

Orissa HC18 May 2022BLAPL/2368/2022

Case brief

AI extract

What is this about?

The High Court at Cuttack considered an application for bail under Section 439 CrPC in a case involving allegations of narcotic trafficking. After hearing submissions from both sides regarding the petitioner's custody and lack of flight risk, the court granted bail subject to specific conditions including a bond, surety, and reporting to the police.

What did the court decide?

Petitioner granted bail on bond of Rs.30,000 with one local solvent surety subject to specific conditions including regular court appearance and fortnightly police reporting.

Sanatan Mantry Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.2368 of 2022

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Sanatan Mantry

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…. Petitioner Mr.Anirudha Das, Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr. K.K.Nayak, A.S.C.

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CORAM:

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JUSTICE A.K. MOHAPATRA

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Order No.

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ORDER 18.05.2022

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1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel.

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This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Baliguda P.S.Case No.113 of 2021 corresponding to C.T.Case No.36 of 2021 pending in the Court of the learned Special Judge-cumAdditional Sessions Judge, Balliguda for alleged commission of offence under Sections 20(b) (ii) C/25/29 of the N.D.P.S. Act.

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It is submitted by the learned counsel for the Petitioner that the Petitioner is languishing in custody since 15.07.202 and after completion of investigation, the Investigating Agency has filed charge sheet in this case. It is further submitted by the learned counsel for the Petitioner that at the place of occurrence, three

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// 2 //

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persons were present including the Petitioner and from them two packets were recovered containing 50 kg. and 30 kg of contraband ganja. It is also submitted by the learned counsel for the Petitioner that since the Petitioner is a permanent inhabitant of Kandhamal district, there is no chance of absconding or fleeing from receiving justice and in the event of his release, he will appear before the trial court on each date of posting of the case and shall abide by the terms and conditions that may be imposed by this Court.

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Learned Additional Standing Counsel vehemently opposes the prayer for bail of the Petitioner and submits that illegal trafficking of contraband articles is rising day by day and no leniency should be shown to the Petitioner or similarly situated persons.

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Having heard learned counsel for the parties, considering the surrounding circumstances of the case and the period of custodial detention of the Petitioner, I am inclined to grant bail to the Petitioner and it is directed that let the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) with one local solvent surety for the like amount to the satisfaction of the learned court in seisin over the matter subject to the following terms and conditions:

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i) he shall not indulge himself in any similar nature of offence.

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ii) shall appear before the trial court on each and every date fixed by the trial court till conclusion of trial.

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iii) shall not tamper with the prosecution evidence.

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iv) shall not influence or threaten any prosecution witnesses while on bail.

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v) he shall appear before the concerned Police Station once in a fortnight preferably on Sunday in between 10 A.M. to 1 P.M. till conclusion of trial.

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// 3 //

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vi) Violation of any of the terms and conditions shall entail cancellation of bail.

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The trial court may impose any other condition(s) as deem fit and proper.

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BLAPL is accordingly disposed of.

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Issue urgent certified copy as per Rules.

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RKS

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( A.K. Mohapatra ) Judge

Sanatan Mantry v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sanatan Mantry v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

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Case details

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