Allowed

Ajay Nayak @ Gandhi v. State of Odisha

Orissa HC15 Sept 2022BLAPL/6855/2022

Case brief

AI extract

What is this about?

The High Court of Orissa, Cuttack, granted bail to the petitioner, an accused in a case involving offences under the NDPS Act and Arms Act, directing the Sessions Judge in seisin to fix bail terms upon verifying assertions of no criminal proclivity.

What did the court decide?

Direction to release the petitioner on bail to be fixed by the Court in seisin, contingent upon verification of no criminal proclivity.

Ajay Nayak @ Gandhi Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2022)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

BLAPL No. 6855 of 2022

¶3

Ajay Nayak @ Gandhi

¶4

…. Petitioner

¶5

Mr. P.K. Nayak, Advocate

¶6

-versus-

¶7

State of Odisha

¶8

Opposite Party

¶9

Mr. K.K. Gaya, ASC

¶10

CORAM: JUSTICE V. NARASINGH

ORDER

15.09.2022

Order No.

02.

This matter is taken up through hybrid mode.

¶16

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

¶17

The petitioner is accused in Brahmanitarang P.S. Case No.191 of 2021 corresponding to Special G.R. Case No.11 of 2021, pending in the Court of the learned Additional Sessions Judge – cum-Special Judge, Rourkela, for the alleged commission of offences under Section 20(b)(ii)(C) of NDPS Act read with Section 25 of Arms Act.

¶18

Being aggrieved by the Rejection of his application for bail U/s.439 Cr.P.C. by the learned 1^st Additional Sessions Judge –cumSpecial Judge, Rourkela, by order dated 11.07.2022 in the aforementioned case, the present BLAPL has been filed.

¶19

Perused the order of rejection.

¶20

Considering the release of the co-accused by order dated 28.06.2022 in BLAPL No.5164 of 2022 and order dated 25.07.2022 in BLAPL No.6208 of 2022 relating to the co-accused, it is

¶21

Page 1 of 2

¶22

submitted by the learned counsel for the petitioner that the petitioner is similarly circumstanced, hence he is entitled to be released on bail.

¶23

Learned counsel for the State relying on the order of rejection submits that since the contraband seized is more than the commercial quantity, question of parity cannot be entertained in view of the Bar under Section 37 of the NDPS Act.

¶24

Taking into account the release of the co-accused as stated above, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter.

¶25

It is submitted that the petitioner has no criminal proclivity, while releasing the petitioner on bail the learned Court below shall verify such assertion. If it comes to the fore that the petitioner has any criminal antecedent this order shall stand recalled without any further reference to this Court.

¶26

Accordingly, the BLAPL stands disposed of.

¶27

Urgent certified copy of this order be granted as per rule.

¶28

Ayesha

¶29

Page 2 of 2

Ajay Nayak @ Gandhi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ajay Nayak @ Gandhi 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

Krishna Gupta @ Kenia Vs State of Odisha

Santosh Senapati Vs State of Odisha

Samanta Bhati Vs State of Odisha

Alok Sahu @ Alok Kumar Sahu Vs State of Odisha

Jayram Nahare Vs State of Odisha

Sujit Kumar Das Vs Union of India