Allowed

Umakanti Das v. State of Odisha

Orissa HC25 Apr 2023BLAPL/4025/2023

Case brief

AI extract

What is this about?

In this bail application under Section 439 CrPC, the High Court of Orissa granted bail to the petitioner, an accused in a corruption offence involving adulterated medicine, imposing a monetary bond, surety requirements, and strict conditions regarding witness contact and police attendance.

What did the court decide?

Petitioner released on bail on bond of Rs. 30,000 with two sureties, subject to conditions of non-interference, regular attendance, and police reporting.

Umakanti Das Vs State of Odisha — Corruption | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.4025 of 2023

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Umakanti Das

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…. Petitioner Mr. S.K. Panda , Advocate

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-versus-

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State of Odisha

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…. Opposite Party Mr. S. Das, A.G.A.

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CORAM:

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JUSTICE A.K. MOHAPATRA

ORDER

Order No.

25.04.2023

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

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Heard learned counsel for the Petitioner and learned counsel for the State. Perused the F.I.R., case diary and other relevant documents as well as statement of the witnesses.

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This is an application under Section 439 of the Criminal Procedure Code.

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The Petitioner is an accused in G.R. Case No.4644 of 2022 corresponding to Town P.S. Case No.437 of 2022 pending in the court of learned S.D.J.M., Sambalpur for commission of offence punishable under Sections 274/275/34, I.P.C.

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It is alleged that on search 105 numbers of loosed adulterated Onerex cough syrup bottles each containing Codeine Phosphate each and other tablets were seized from the possession of the Petitioner.

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It is submitted by learned counsel for the Petitioner that petitioner, who is a lady aged about 57 years old, is in custody since 17.03.2023. He further submits that on similar footing with the

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petitioner, another co-accused, namely, Sagar Patel has already been released on bail by the coordinate Bench of this Court vide order dated 27.02.2023 in BLAPL No.1363 of 2023 and the Petitioner has been falsely implicated in the case and that the petitioner is ready and willing to abide any terms and conditions as would be fixed by this Court and the case of the petitioner may be considered favourably.

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Leaned Additional Standing Counsel for the State vehemently, opposes the prayer for bail of the petitioner and submits that in the event the petitioner released on bail, most likely he will influence the prosecution witnesses, which caused for delay in trial of the case and also he may abscond for several years. Accordingly, bail application of the petitioner should be rejected at this juncture.

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Considering the submissions made by learned counsels for the respective parties, upon conspectus of the back ground of facts, the case is not attracted bar under Section 37 of the NDPS Act and the period of detention of the petitioner, it is directed that let the petitioner be released on bail on furnishing a bail bond of Rs.30,000/- (rupees thirty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter. While releasing the petitioner on bail, the court in seisin over the matter to impose any other conditions as would be deemed just and proper with further conditions:-

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I. The petitioner shall not be involved in any offence of similar nature;

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II. she shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever;

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III. she shall not make any default in attending the

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court during trial on each date without fail; and

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IV. she shall appear before the concerned Police Station once in a week preferably on ‘Sunday’ in between 10.00 A.M. to 1.00 P.M. till conclusion of the investigation and thereafter she shall appear before the concerned Police Station once in a month till conclusion of the trial;

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

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It is open for the learned court below, if the petitioner fails to comply the aforesaid conditions, then the learned court below shall proceed against the petitioner in accordance with law.

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The Bail Application is accordingly disposed of.

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Jagabandhu

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Urgent certified copy of this order be granted on proper application.

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( A.K. Mohapatra ) Judge

Umakanti Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

Umakanti Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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