Dismissed

Sudama Prasad Yadav v. State of Odisha

Orissa HC22 Sept 2023ABLAPL/8376/2023

Case brief

AI extract

What is this about?

The High Court of Orissa (Cuttack) heard an application for anticipatory bail under Section 438 Cr.P.C. citing false implication by the petitioner. The court dismissed the application due to the petitioner's status as an absconder as reflected in the charge-sheet.

What did the court decide?

Application under Section 438 Cr.P.C. was dismissed; petitioner denied release on pre-arrest bail.

Sudama Prasad Yadav Vs State of Odisha — Anticipatory Bail | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.8376 of 2023

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Sudama Prasad Yadav

…. Petitioner

Mr. A.K. Dash,

-versus-

State of Odisha

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…. Opposite Parties Mr. D. Mund, AGA

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Order
No.
01.

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CORAM:
DR. JUSTICE S.K. PANIGRAHI
ORDER
22.09.2023
1 . This matter is taken up through hybrid
arrangement.

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2 . This is an application under Section 438 of the Cr.P.C.

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3 . Heard learned counsel for the parties.

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4 . The Petitioner herein is apprehending arrest in Jujumura PS Case No.88 of 2021 corresponding to G.R. Case No.2556 of 2021 on the file of learned S.D.J.M, Sambalpur for commission of offences under Sections 379/411/468/472/34 of the IPC read with Section 14 of the Orissa Kendu Leaf (Central Trades) Act, 1981 and Section

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Page 1 of 3

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// 2 //

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21 of the Orissa Timber and Other Forest Produce Transit Rules, 1980.

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5 . The allegation of the prosecution is that on 08.07.2021 at about 4.50 A.M. the Police searched one Pick Up van bearing No.OD-15-N-7201 loaded with Kendu Leave near Jharsinga Jungle of Rambadmal village. Almost nine to ten persons were trying to transport the same. During such search of the Police the above noted persons fled from the spot. The Police party chased them and could manage to catch two persons named Bipin Pradhan and Digu @ Digamber Pradhan. On interrogation, the above two accused persons disclosed the name of other accused persons, out of which the name of the present Petitioner came to light. Thereafter, the Police seized the vehicles loaded with Kendu Leaves and submitted a written report before the O.I.C., Jujumura P.S. along with the seized vehicles loaded with Kendu Leaf and the accused persons who registered Jujumura P.S. Case No.88/2021.

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Learned counsel for the Petitioner submits that the Petitioner has been falsely implicated in this case. Hence, he submits that the Petitioner may be released on anticipatory bail on any terms and condition.

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Page 2 of 3

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// 3 //

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Learned counsel for the State vehemently opposes

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the prayer for bail. He further submits that the Petitioner is an absconder in the present case as reflected in the charge-sheet.

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Considering the submission made by the learned counsel for the State and since the Petitioner is an absconder in the present case as reflected in the charge-

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sheet, the Petitioner does not deserve to be released on pre-arrest bail.

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Accordingly, the ABLAPL stands dismissed.
(Dr. S.K. Panigrahi)
Judge

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Ayaskanta

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Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 25-Sep-2023 17:38:38

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Sudama Prasad Yadav v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sudama Prasad Yadav v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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