Allowed

Ravi Tiwari v. State of Odisha

Orissa HC3 Mar 2023BLAPL/476/2023

Case brief

AI extract

What is this about?

The High Court of Orissa allowed the bail application of the petitioner facing trial under the NDPS Act. The court was influenced by the release of a co-accused who appears regularly in court. Bail was granted subject to security, appearance conditions, and weekly police reporting.

What did the court decide?

Petitioner released on bail on conditions of cash security, personal appearance, weekly reporting to police, and two sureties.

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

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.476 of 2023

Ravi Tiwari

….

Petitioner

Mr. S.R. Mohapatra,

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Advocate

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-Versus -

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State of Odisha Opposite Party

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….

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Mr. S.K. Mishra, Additional Standing Counsel

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CORAM: JUSTICE SASHIKANTA MISHRA

ORDER_

03.03.2023

Order No.

This matter is taken up through hybrid mode.

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Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

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The petitioner is in custody since 28.03.2022 in connection with Muniguda P.S. Case No. 66 of 2022 corresponding to T.R. Case No. 51 of 2022 pending in the court of learned Additional Sessions Judge-cum-Spl. Judge, Gunupur for the alleged commission of offence under Section 20(b)(ii)(C)/29 of NDPS Act.

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His earlier application for bail was rejected as per order passed by this Court in BLAPL No. 5369 of 2022. The present bail application has been filed as in the meantime, one of the co-accused person, namely, Raisingh Kure has been released on bail as per order passed by this Court in BLPAL No. 10326 of 2022 by

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coordinate bench of this Court. Since the petitioner does not belong to the State of Odisha, this Court called for a report from the court below to know whether the co-accused who also does not belong to the State of Odisha has been appearing in the Court or not after his release on bail. The court below has reported that the said coaccused-Raisingh Kure appeared on the next day of the posting of the case, i.e., 07.01.2023 and thereafter, on 17.02.2023. Learned counsel for the petitioner submits that the petitioner shall also appear before the court on each date of posting of the case.

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Considering the submissions as above and taking note of the fact that the co-accused has been released on bail, I am inclined to allow the prayer for bail.

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Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the following conditions:-

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i. He shall furnish cash security of Rs.25,000/- in the shape of short term fixed deposit in any Nationalized Bank being pleadged to the Court.

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ii. He shall personally appear before the court below on each date of posting of the case without fail.

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iii. He shall appear before the IIC of Muniguda Police Station on every Sunday at 10.00 a.m. till conclusion of trial and such fact shall be certified by the IIC to the concerned court once in a month. In case of default, the IIC shall immediately bring such fact to the notice of the Court so that NBW can be issued.

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iv. The court below shall insist upon two sureties for such amount as it may deem fit and proper with the condition that one of them shall be the family member of the accused-petitioner.

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B.C. Tudu

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The BLAPL is accordingly disposed of.

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Urgent certified copy of this order be granted on proper application

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( Sashikanta Mishra) Judge

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Ravi Tiwari v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ravi Tiwari v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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