Allowed

Gobinda Khora @ Gobinda Khara v. State of Odisha

Orissa HC13 Sept 2023BLAPL/4565/2023

Case brief

AI extract

What is this about?

In this bail petition under Section 439 Cr.P.C., the High Court of Orissa directed the release of the petitioner accused of NDPS offences on bail. The court applied the liberal plea established in Tofan Singh and State of Haryana v Samarth Kumar, noting the accusation relied primarily on co-accused statements, while fixing conditions regarding police appearance and criminal antecedents.

What did the court decide?

The petitioner is directed to be released on bail on such terms to be fixed by the Court in seisin, subject to verification of criminal antecedents and weekly police appearance.

Gobinda Khora @ Gobinda Khara 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. 4565 of 2023

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Gobinda Khora @ Gobinda …. Petitioner Khara

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Mr. B. Mohapatra, Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr. P.K. Maharaj, ASC

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CORAM: JUSTICE V. NARASINGH

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ORDER 13.09.2023

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Order No.

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

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The petitioner is an accused in connection with Special G.R. Case No.135 of 2022, pending in the Court of learned Sessions Judge-cum-Special Judge, Malkangiri, arising out of Malkangiri P.S. Case No.512 of 2022, for offences under Sections 20(b)(ii)(C)/25/29 of NDPS Act.

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Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge, Malkangiri, by order dated 21.03.2023 in the aforementioned case, the present BLAPL has been filed.

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It is submitted by the learned counsel that the petitioner is in custody since 03.09.2022 on the accusation that he facilitated the transportation of contraband to the tune of 181Kgs 600gms (Ganja).

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Page 1 of 2

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It is the submission of the learned counsel for the petitioner that the petitioner is the first offender and basis of accusation is on account of co-accused statement.

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Such basis of accusation is not refuted by the learned counsel for the State, but it is stated that there are materials on record to connect the petitioner with the offence committed and hence in view of the bar contained under Section 37(1) of NDPS Act opposes the prayer for bail.

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Taking into account the basis of accusation being primarily on account of co-accused statement, keeping in view the law laid down by the apex Court in the case of Tofan Singh vrs. State of Tamil Nadu , reported in (2020) 80 OCR (SC) 641 and the State of Haryana vrs. Samarth Kumar reported in 2022 Live Law (SC) 622 , this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin.

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While releasing the petitioner on bail, the learned Court in seisin is called upon to verify criminal antecedent of the petitioner. If it comes to the fore that the petitioner has any criminal antecedent, this order shall stand recalled.

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Additionally, it is directed that the petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till submission of final form. Certification of such appearance shall be submitted to the learned Court in seisin.

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Accordingly, the BLAPL stands disposed of.

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

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Signature Not Verified

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Digitally Signed Signed by: AYESHA ROUT Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 15-Sep-2023 19:32:29

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(V. NARASINGH) Judge

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Ayesha

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Gobinda Khora @ Gobinda Khara v. State of Odisha

Case brief

What is this about?

What did the court decide?

Gobinda Khora @ Gobinda Khara v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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