Disposed

Rabi Khilla @ Rabi Khila v. State of Odisha

Orissa HC6 Mar 2024BLAPL/1214/2024

Case brief

AI extract

What is this about?

Bail application under Section 439 CrPC by an accused in a 220 kg ganja transportation case under Sections 20(b)(ii)(C)/29 NDPS Act. Considering Tofan Singh and Samarth Kumar and the petitioner's first-offender status after filing of charge sheet, the High Court granted bail with monthly police-station appearance conditions.

What did the court decide?

Petitioner directed to be released on bail on terms fixed by trial court; monthly appearance before jurisdictional police station till end of trial; order ineffective if antecedents found.

Rabi Khilla @ Rabi Khila Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

BLAPL No. 1214 of 2024

¶3

Rabi Khilla @ Rabi Khila

¶4

…. Petitioner

¶5

Mr. J. Khansama, Advocate

¶6

-versus-

¶7

State of Odisha

¶8

…. Opposite Party

¶9

Mr. K.K. Gaya, ASC

¶10

CORAM: JUSTICE V. NARASINGH

¶11

Order No.

¶12

ORDER 06.03.2024

¶13

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

¶14

The Petitioner is an accused in connection with T.R. Case No. 66 of 2023, pending before the Court of the learned Sessions Judge-Cum-Special Judge, Koraput-Jeypore, arising out of Jeypore Sadar P.S. Case No. 186 of 2023 for alleged commission of offences under Sections 20(b)(ii)(C)/29 of NDPS Act.

¶15

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.

¶16

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Special Judge, Koraput-Jeypore by order dated 09.01.2024 in the aforementioned case, the present bail application has been filed.

¶17

Page 1 of 3

¶18

This is the second journey of the Petitioner to this Court. Earlier the bail application of the Petitioner was not entertained by this Court by order dated 29.08.2023 in BLAPL No.8662 of 2023 since the same was during the course of investigation.

¶19

The accusation against the Petitioner is that he along with the co-accused are found to be involved in the transportation of contraband to the tune of 220 Kgs (Ganja).

¶20

It is submitted by the learned counsel that charge sheet has already been filed on 17.12.2023.

¶21

Learned counsel for the Petitioner submits that the basis of implication is on account of the co-accused statement and to fortify his submission, he relies on the seizure list which is on record which reflects the name of Jayanata Yadav and Rajesh Kacher as accused, from whom the contraband was seized. Hence, it is submitted that the Petitioner may be released on bail.

¶22

It is further submitted by the learned counsel that the Petitioner is the first offender.

¶23

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 he relies on the order of the Apex Court in the case of State by the Inspector of Police vs. B. Ramu arising out of SLP(Crl.) No(s).8137 of 2022 and submits that since charge sheet has already been filed prima facie, case is made out, the Petitioner ought not to be released on bail.

¶24

Taking into account the basis of implication, in the light of the judgment of the Apex Court in the case of Tofan Singh vrs. State of Tamil Nadu , reported in (2021) 4 SCC 1 and the State of Haryana vrs. Samarth Kumar reported in 2022 Live Law (SC) 622 and that the Petitioner is the first offender as stated, this Court

¶25

Page 2 of 3

¶26

directs his release on bail on such terms to be fixed by the Court in seisin.

¶27

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

¶28

Before releasing, learned Court in seisin is requested to verify criminal antecedent of the Petitioner. If it comes to the fore that the Petitioner has any criminal antecedent, this order shall not

¶29

be given effect to.

¶30

Accordingly, the BLAPL stands disposed of.
15. Urgent certified copy of this order be granted as per the
rules.
(V. NARASINGH)
Ayesha Judge

¶31

Signature Not Verified

¶32

Digitally Signed Signed by: AYESHA ROUT Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 07-Mar-2024 20:07:55

¶33

Page 3 of 3

Rabi Khilla @ Rabi Khila v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rabi Khilla @ Rabi Khila v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rajesh Dhar Vs State of Odisha

Kuvesh Chandra Sahoo Vs State of Odisha

Mir Abdul Dayan Vs Hamida Bibi

Santosh Dighal Vs State of Odisha

Sudu Khilla Vs State of Odisha

Rabindra Behera Vs State of Odisha