Allowed

Rajanikant v. State of Odisha

Orissa HC2 Nov 2023BLAPL/2745/2023

Case brief

AI extract

What is this about?

The High Court of Orissa granted bail to the petitioner in an NDPS case involving the recovery of ganja. The petitioner was in custody since April 2021. The court directed release on a bond with two sureties subject to specific reporting and non-tampering conditions.

What did the court decide?

Petitioner released on bail on furnishing a bond of Rs.50,000 with two local solvent sureties for like amount.

Rajanikant Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.2745 of 2023

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Rajanikant

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…. Petitioner

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Mr. Manoranjan Padhy, Advocate

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-versus-

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State of Odisha

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…. Opp. Party Mr. P.C.Das, A.S.C.

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CORAM:

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JUSTICE A.K. MOHAPATRA

ORDER

02.11.2023

Order No.

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

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This is an application under Section 439 of Cr.P.C. filed by the Petitioner for bail in connection with G.R. Case No.56 of 2021, arising out of Adava P.S. Case No.48 of 2021, pending in the file of learned Special Judge-cum-Sessions Judge, Gajapati, for commission of alleged offences under Sections 20(b)(ii)(C) of N.D.P.S. Act.

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Heard learned counsel for both the parties. Perused the records.

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Learned counsel for the Petitioner submits that Petitioner is in jail custody since 08.04.2021. It is submitted that Petitioner is an innocent person and moreover Petitioner

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// 2 //

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has no criminal antecedents of similar nature and he has been falsely implicated in the case. Further, after completion of investigation, charge sheet has been filed in the present case.

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Learned counsel for the State vehemently objects the prayer for bail of the Petitioner. It is further submitted that a quantity of 67 Kgs.100 grams of Ganja has been recovered from the custody of the present Petitioner. However, he submits that if the Petitioner is released on bail, stringent conditions may be imposed on the accused Petitioner.

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Having heard learned counsel for the parties and considering the period of detention of the Petitioner, it is directed that the Petitioner be released on bail on furnishing a bail bond of Rs.50,000/- (Rupees fifty thousand) with two local solvent sureties for the like amount to the satisfaction of the learned court in seisin over the matter subject to the following conditions.

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i) He shall appear before the trial court on each and every date as fixed by the Court.

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ii) He shall appear before the I.O. on every fortnight preferably on Sunday at 10 A.M. to 1 P.M.

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iii) He shall not tamper with the prosecution evidence;

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iv) He shall not leave the jurisdiction of the court without prior permission from the court.

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Violation of any of the conditions shall entail cancellation of

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bail.

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// 3 //

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With the aforesaid direction, the BLAPL stands disposed of. 8. Issue urgent certified copy of this order on proper application.

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( A.K. Mohapatra) Judge

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RKS

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Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 04-Nov-2023 15:44:45

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Signature Not Verified

Rajanikant v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rajanikant v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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