Allowed

Uttam Kumar Mohanty v. State of Odisha

Orissa HC22 Jun 2023BLAPL/3869/2023

Case brief

AI extract

What is this about?

In this bail application under Section 439 Cr.P.C., the High Court of Odisha allowed the petitioner to bail after considering the gravity of NDPS charges (possession of brown sugar), lack of criminal antecedents, and pre-trial detention. The court admitted bail subject to bonds and specific reporting conditions, reserving the right to cancel bail if violated or if future NDPS offenses occur.

What did the court decide?

Petitioner admitted to bail on Rs.50,000 with two sureties, subject to conditions of attendance, jurisdiction limits, and fortnightly reporting.

Uttam Kumar Mohanty 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.3869 of 2023

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Uttam Kumar Mohanty

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Petitioner

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Mr. A.R. Panda, Advocate

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-versus-

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State of Odisha

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… Opposite Party

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Mr. S.S. Pradhan, AGA

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CORAM: JUSTICE G. SATAPATHY

ORDER

Order No.

22.06.2023

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

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This is an application U/S.439 of Cr.P.C. by the Petitioner for grant of bail in connection with OIC of Excise Satellite P.R. No. 54/2022-2023 corresponding to Special Case No. 68 of 2023 pending in the file of learned Special Judge, Balasore, for commission of offence punishable under Section 21(b) of NDPS Act, on the allegation of possessing 210 Grams of brown sugar.

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Heard Mr. A.R. Panda, learned counsel for the Petitioner as well as Mr. S.S. Pradhan, learned AGA in the matter of the present bail application.

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After having considered the rival submissions made and taking into consideration the nature and

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gravity of accusations raised against the Petitioner and keeping in view the manner and circumstance of implication of the present Petitioner and regard being had to the pre-trial detention of the Petitioner since 30.03.2023 with submission of final P.R. in this case and taking into account the other circumstances on record in entirety including absence of any criminal antecedent of similar nature against the petitioner, this Court admits the Petitioner to bail.

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Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

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(i) the petitioner shall not commit any offence while on bail,

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(ii) the petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with,

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(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case and

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(iv) the Petitioner shall report attendance before the Balasore Excise Station once in a fortnight preferably on Sunday in between 10 A.M. to 12 Noon

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for six (06) months from the actual date of his release from the custody.

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It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for any offence under NDPS Act involving commercial quantity of contraband article on prima facie accusations may be treated as a ground for cancellation of bail in this case.

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Accordingly, the BLAPL stands disposed of.

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Issue urgent certified copy of the order as per
Rules.

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(G. Satapathy) Judge

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Priyajit

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Signature Not Verified

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Digitally Signed Signed by: PRIYAJIT SAHOO Designation: Jr. Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 23-Jun-2023 20:38:04

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Uttam Kumar Mohanty v. State of Odisha

Case brief

What is this about?

What did the court decide?

Uttam Kumar Mohanty v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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