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

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Orissa HC
2023
Kalia Munda Vs State of OdishaKalia Munda v. State of Odisha

Allowed

Kalia Munda v. State of Odisha

Orissa HC22 Jun 2023BLAPL/4875/2023

Case brief

AI extract

What is this about?

The High Court of Orissa allowed a bail application filed by an accused under IPC Sections 363/366/366/376(2) read with POCSO Act. Considering the informant's failure to support the prosecution, the court directed release on bail to the trial court.

What did the court decide?

Directed release of petitioner on bail on terms to be fixed by the trial court (Additional District & Sessions Judge, Keonjhar).

What the court decided

AI extract

Outcome

Directed release of petitioner on bail on terms to be fixed by the trial court (Additional District & Sessions Judge, Keonjhar).

Issue for consideration

Whether the petitioner, accused under IPC 363/366/376(2) read with POCSO Act, should be released on bail after high court rejected the lower court's rejection? +1 more

Detailed headnote1 paragraphs

Bailable application entertained where previous bail was rejected. With the informant not supporting the prosecution, the High Court directed release on bail to the trial court to be fixed on such terms. Disposal: Allowed/Madam. Release directed on terms to be fixed by lower court.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.4875 of 2023

Kalia Munda

Petitioner

Mr. D. Sethi, Advocate

-versus-

State of Odisha

Opposite Party

Mr. P.K. Maharaj, ASC Mr. S. Sethi, Adv.(Informant)

CORAM: JUSTICE V. NARASINGH

ORDER

22.06.2023

Order No.

Heard learned counsel for the Petitioner, learned counsel for the State and learned counsel for the informant.

The Petitioner is an accused in Spl. Case No.97 of 2020/TC no.35/16 of 2021 pending in the file of learned Adhoc Additional District & Sessions Judge (FTSC), Keonjhar arising out of Keonjhar Sadar P.S. Case No.440 of 2020 for commission of offence alleged under Sections 363/366/376(2) of IPC read with Section 6 of POCSO Act.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Adhoc Additional District & Sessions Judge (FTSC), Keonjhar by order dated 14.07.2022 in the aforementioned case, the present BLAPL has been filed.

The statement of the informant examined as P.W.10 is on record. She has not supported the prosecution.

Considering the same, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

Page 1 of 2

The BLAPL thus stands disposed of.

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

(V. NARASINGH)

Judge

Ayesha

Signature Not Verified

Digitally Signed Signed by: AYESHA ROUT Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 24-Jun-2023 15:42:16

Page 2 of 2

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the petitioner, accused under IPC 363/366/376(2) read with POCSO Act, should be released on bail after high court rejected the lower court's rejection?
2.
Whether the informant's non-support of the prosecution warrants grant of bail in the present circumstances?

Statutes considered

1 provisions across 1 enactments

AI extract

CrPC439

Parties & counsel

AI extract

petitioner
Kalia Munda
respondent
State of Odisha

Coram

AI extract

V. NARASINGH

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 22 Jun 2023 · June
Registered: 2 May 2023
Case no.: BLAPL/4875/2023
CNR: ODHC010334862023
Topic: Narcotics (NDPS)
Bench: V. Narasingh
Disposal: Allowed

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Cite this judgement

Kalia Munda v. State of Odisha, BLAPL/4875/2023 (OD), decided on 22 June 2023.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

CrPC439

View all statutes

Bench / Coram

V. NARASINGH

Parties & counsel