Rahul Kumar Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

Rahul Kumar Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

What the court decided

AI extract

Outcome

Release of the Petitioner on bail on terms to be fixed by the learned Court in seisin, subject to: (i) monthly appearance before the jurisdictional police station till conclusion of trial, with certification submitted to that Court; (ii) pre-release verification by the Court in seisin of any other case citing the Petitioner as accused; (iii) execution of a P.R. bond by one family member in addition to the sureties; and (iv) the order not to be given effect to if the criminal-antecedent submission proves incorrect.

Issue for consideration

Whether bail should be granted to the Petitioner — an accused under Sections 20(b)(ii)C/29 of the N.D.P.S Act in T.R. Case No.35 of 2023 whose earlier bail was rejected on account of criminal antecedent — notwithstanding the Section 37(1)(b)(ii) NDPS Act bar urged by the State, taking into account his age (21 years), the absence of progress in trial, and parity with the released co-accused.

Court's answer

Keeping in view the age of the Petitioner (21 years) and the release of the co-accused as noted, this Court directed that the Petitioner be released on bail on such terms to be fixed by the learned Court in seisin.

Ratio / Principle

The Petitioner shall appear before the jurisdictional police station once every month, on 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 learned Court in seisin.

Key takeaways

Before releasing, the learned Court in seisin was requested to verify whether the Petitioner is cited as an accused in any other case than the ones noted.ratio¶29
If it comes to the fore that the submission relating to the criminal antecedent of the Petitioner is incorrect, the order shall not be given effect to.ratio¶30
One of the family members of the Petitioner shall execute a P.R. bond in addition to the sureties so fixed.

Detailed headnote1 paragraphs

BAIL – NDPS ACT – SECTIONS 20(b)(ii)C/29 NDPS ACT – BAIL GRANTED DESPITE SECTION 37(1)(b)(ii) BAR AND CRIMINAL ANTECEDENT – PARITY WITH RELEASED CO-ACCUSED – High Court of Orissa at Cuttack, BLAPL No. 107 of 2024 (order dated 01.03.2024, Justice V. Narasingh): Rahul Kumar, accused in T.R. Case No.35 of 2023 (arising out of Nandapur P.S. Case No.25 of 2023) before the Additional Sessions Judge-cum-Special Judge, Koraput, had earlier been released on bail (BLAPL No.6161 of 2023, order dated 24.07.2023) subject to verification of criminal antecedent, given his age (about 21 years) and implication primarily on the co-accused's statement; bail was thereafter rejected by the Special Judge (order dated 02.01.2024, under Section 439 Cr.P.C.) and BLAPL No.11223 of 2023 was likewise rejected (order dated 11.12.2023) upon discovery of his involvement in Chauradano P.S. Case No.270 of 2021 under Sections 399/402/414 of IPC read with Sections 25(1b)a/26/35 of Arms Act. In the instant BLAPL, the State opposed bail invoking the bar of Section 37(1)(b)(ii) of NDPS Act, noting the charge sheet had been filed; counsel for the Petitioner relied on absence of trial progress, his age, and parity with co-accused Laxmidhar Khilla (released by order dated 06.06.2023 in BLAPL No.5838 of 2023). This Court directed the Petitioner's release on bail on terms to be fixed by the Court in seisin, keeping in view his age (21 years) and the co-accused's release, with conditions: monthly appearance before the jurisdictional police station till conclusion of trial with certification to that Court; pre-release verification of any other case citing him as accused; a P.R. bond by one family member in addition to sureties; and the order to be inoperative if the criminal-antecedent submission proved incorrect.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 107 of 2024

Rahul Kumar

Petitioner

Mr. R.L. Pattnaik, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. S. Pattnaik, AGA

CORAM: JUSTICE V. NARASINGH

Order No.

ORDER 01.03.2024

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

The Petitioner is an accused in T.R. Case No.35 of 2023 pending on the file of learned Additional Sessions Judge-cumSpecial Judge, Koraput, arising out of Nandapur P.S Case No.25 of 2023 for commission of the alleged offence under Sections 20(b)(ii)C/29 of the N.D.P.S Act.

Learned counsel for the Petitioner, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner is pending in any other Court, relating to the aforesaid P.S. Case.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Special Judge, Koraput, by order dated 02.01.2024 in the aforementioned case, the present BLAPL has been filed.

The Petitioner was released on bail by this Court by order dated 24.07.2023 in BLAPL No.6161 of 2023 subject to

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verification of criminal antecedent considering that he is aged about 21 years and the basis of implication is primarily on account of the co-accused statement.

Since, it came to the fore that the Petitioner has criminal antecedent being involved in Chauradano P.S. Case No.270 of 2021 under Sections 399/402/414 of IPC read with Sections 25(1b)a/26/35 of Arms Act, the learned Court in seisin rejected the bail application and assailing the same the Petitioner had filed BLAPL No.11223 of 2023 and by order dated 11.12.2023, the same was rejected in view of the criminal antecedent of the Petitioner.

It is submitted by the learned counsel for the Petitioner, on instruction that there is no progress in trial and taking into account the age of the Petitioner, he may be released on bail.

Learned counsel for the Petitioner relies on the release of the co-accused Laxmidhar Khilla by order dated 06.06.2023 in BLAPL No.5838 of 2023 and seeks release inter alia on the ground of parity.

Learned counsel for the State opposes the prayer for bail in view of the bar contained in Section 37(1)(b)(ii) of NDPS Act and submits that since charge sheet has already been filed it cannot be said that no prima facie case is made out against the Petitioner.

Keeping in view the age of the Petitioner (21 years) and release of the co-accused as noted, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

Additionally, it is directed that the Petitioner 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

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trial. Certification of such appearance shall be submitted to the learned Court in seisin.

Before releasing, learned Court in seisin is requested to verify as to whether the Petitioner is cited as an accused in any other case than the one noted above.

If it comes to the fore that the submission relating to the criminal antecedent of the Petitioner is incorrect, the order shall not be given effect to.

It is further directed that one of the family member of the Petitioner shall execute a P.R. bond in addition to the sureties so fixed.

Accordingly, the BLAPL stands disposed of.

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

(V. NARASINGH)
Ayesha Judge

Signature Not Verified

Digitally Signed Signed by: AYESHA ROUT Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 04-Mar-2024 11:25:36

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