Allowed

Basanta Sahu v. State of Odisha

Orissa HC16 May 2022BLAPL/3424/2022

Case brief

AI extract

What is this about?

Bail application under Section 439 CrPC was allowed to the petitioner charged with N.D.P.S. Section 20(b)(ii) offences. The court granted bail subject to furnishing a bond and strict conditions, noting no contraband was recovered from his possession.

What did the court decide?

Petitioner released on bail with ₹30,000 bond and one surety, subject to specific conditions including fortnightly police reporting.

Basanta Sahu Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2022)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

BLAPL No.3424 of 2022

¶3

Basanta Sahu

¶4

…. Petitioner

¶5

Mr.Amulya Ratna Panda, Advocate

¶6

-versus-

¶7

State of Odisha

¶8

…. Opposite Party Mr. M.K.Mohanty, A.S.C.

¶9

CORAM:

¶10

JUSTICE A.K. MOHAPATRA

ORDER

Order No.

16.05.2022

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

¶16

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

¶17

This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with District Mobile Unit Balasore Excise P.R.No.199 of 2022 corresponding to Special Case No.68 of 2022 pending in the Court of the learned Sessions Judge-cum-Special Judge, Balasore for alleged commission of offence under Sections 20(b)(ii) C/29 of N.D.P.S.Act.

¶18

It is submitted by the learned counsel for the Petitioner that the Petitioner is languishing in custody since 26.03.2022. It is further submitted by the learned counsel for the Petitioner that the Petitioner has been falsely implicated in this case and contraband articles have not been seized from the exclusive and conscious possession of the

¶19

// 2 //

¶20

Petitioner. It is submitted by the learned counsel for the Petitioner that since the Petitioner is a permanent inhabitant of the district of Kandhamal, 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.

¶21

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. 7. Having heard learned counsel for the parties, considering the surrounding circumstances of the case and the period of custodial detention of the Petitioner and the fact that contraband articles have not been recovered from his conscious and exclusive possession 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:

¶22

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

¶23

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

¶24

iii) shall not tamper with the prosecution evidence.

¶25

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

¶26

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.

¶27

// 3 //

¶28

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

¶29

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

¶30

It is further directed that the bail granted to the Petitioner is subject to the condition that learned court below shall verify whether the Petitioner has any criminal antecedents of similar nature. In the event it is found that the Petitioner has any criminal antecedents of similar nature, this bail order shall automatically stand revoked.

¶31

BLAPL is accordingly disposed of.

¶32

Issue urgent certified copy as per Rules.

¶33

( A.K. Mohapatra )
Judge

¶34

RKS

Basanta Sahu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Basanta Sahu 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

Lalit Mohan Sahoo Vs State of Odisha

Pravati Sahoo Vs Subash Swain

Bijaya Kumar Baral@Ranjan Vs State of Odisha

Abhimanyu Sethy Vs State of Odisha

Khokan @ Susanta Behera Vs State of Odisha

Sunil Mahanta @ Sunil Kumar Mohanta Vs State of Orssa