Allowed

Nikhil Batra v. State of Odisha

Orissa HC13 Sept 2023BLAPL/8178/2023

Case brief

AI extract

What is this about?

This bail petition was filed by accused persons in an NDPS case challenging the Sessions Court's refusal to grant bail. The High Court considered the final police report, first-offender status, and lack of early trial prospects to direct the release of the petitioners on bail with specific conditions regarding appearance and surety.

What did the court decide?

Petitioners directed to be released on bail on terms to be fixed by the trial court, appearing monthly, and family member executing PR bond.

Nikhil Batra 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. 8178 of 2023

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Nikhil Batra & Another

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Petitioners

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Mr. B.K. Ragada, Advocate

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-versus-

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State of Odisha

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Opposite Party

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Mr. H.K. Panigrahi, ASC

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CORAM: JUSTICE V. NARASINGH ORDER

13.09.2023

Order No.

Heard learned counsel for the Petitioners and learned counsel for the State.

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The Petitioners are accused in connection with T.R. Case No.06/15 of 2023, pending in the Court of the learned Sessions Judgecum-Special Judge(Special Court), Sambalpur, arising out of Officerin-Charge of Rengali Excise, Station, Sambalpur P.R. No.179 of 202223 for alleged commission of offences under Section 20(b)(ii)(C) of N.D.P.S. Act.

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Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Special Judge(Special Court), Sambalpur, by order dated 15.07.2023 in the aforementioned case, the present BLAPL has been filed. 4. It is submitted by the learned counsel that Petitioners are in custody since 14.01.2023 on the accusation of possessing the contraband (ganja) to the tune of 35kgs.

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It is stated that since final P.R. has already been submitted on 12.06.2023 and as the Petitioners are the first offender, they may be released on bail.

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Page 1 of 2

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Learned counsel for the State opposes the prayer for bail in view of the bar contained under Section 37(1) of the NDPS Act and that the Petitioners are at flight risk.

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Taking into account the filing of final P.R. and the Petitioners being the first offenders and being cognizant of the fact that there is bleak chance of early trial, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin.

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Additionally, it is directed that the petitioners shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

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To allay the legitimate apprehension of the learned Public Prosecutor regarding ensuring the presence of the petitioners during trial since they do not belong to the State of Odisha, additionally it is directed that one of the family members of the petitioners shall execute the P.R bond in addition to the sureties in terms of the order of the learned Court in seisin and the criminal antecedent of Petitioner No.1 (Nikhil Batra) from Po/P.S.-Sakanda, Dist.Bilaspur, State-Chhatisgarh and Petitioner No.2 (Abhay Shukla) from P.S.-Pachpedi, Dist.-Bilaspur, State-Chhatisgarh shall also be called for.

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If it comes to fore that the petitioners have any criminal antecedent , this order shall stand recalled.

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Accordingly, the BLAPL stands disposed of. 12. Urgent certified copy of this order be granted as per rule.

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Signature Not Verified

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Digitally Signed (V. NARASINGH) Signed by: AYESHA ROUT Designation: Junior Stenographer Judge Reason: Authentication Ayesha Location: High Court of Orissa Date: 15-Sep-2023 19:32:28

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Nikhil Batra v. State of Odisha

Case brief

What is this about?

What did the court decide?

Nikhil Batra v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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