Disposed

Ranjan Kumar Das @ Kalia v. State of Odisha

Orissa HC17 Jan 2024BLAPL/12774/2023

Case brief

AI extract

What is this about?

Bail application under section 439 CrPC by an accused in an NDPS case who was arrested for violating a bail condition imposed in 2019 by absenting himself from trial. The Court noted about a month's custody and directed release on bail with conditions including appearance on every posting date.

What did the court decide?

Petitioner directed to be released on bail on terms deemed just by the trial court, with condition to appear in person on each date of posting.

Ranjan Kumar Das @ Kalia Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL NO.12774 OF 2023

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Ranjan Kumar Das @ Kalia …. Petitioner

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Mr. Kabiraj Pradhan, Advocate

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-versus-

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State of Odisha …. Opposite Party Mr.P.K. Mohanty, ASC

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CORAM: MR. JUSTICE D. DASH

ORDER

17.01.2024

Order No.

The matter is taken up through hybrid arrangement (virtual/physical) mode.

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The Petitioner being in custody in connection with Ranpur P.S. Case No.159 of 2019 corresponding to Special G.R. case No.63 of 2019 arising out of T.R. No.90 of 2019, pending on the file of learned Additional Sessions Judge, Nayagarh running for the commission of offence under section-21(b)/29 of the NDPS Act and section-34 of the IPC, has filed application under section-439, Cr.P.C., for his release on bail in the above mentioned case.

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Learned counsel for the Petitioner submits that the Petitioner has been taken to custody since 03.08.2023 for violation of the condition as imposed by the Court below vide order dated 23.11.2019 passed by this Court in BLAPL No.7991 of 2019. He further submits that the Petitioner’s absence on the date fixed in the case was neither deliberate nor intentional. He submits that this Petitioner has no intention to avoid the process of law and he would take all steps in future to see that the situation does not recur. In view of all the above, when in the meantime, the

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Petitioner has remained in custody for about a month being penalized for said non-deliberate act; he urges for grant of bail to the Petitioner.

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Learned counsel for the State opposes the move, in view of the violation of the condition by the Petitioner by remaining absence.

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Taking into account the submissions made; further keeping in view the materials on records as those stand against the Petitioner with other surrounding circumstances including the period of detention of the Petitioner in custody; in the absence of any such impediment; it is directed that the Petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the Court is seisin of the case with further condition that:-

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(1) he will appear in person before the Court in seisin of the case on each date of posting of the case.

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The BLAPL is accordingly disposed of. Issue urgent certified copy as per rules.

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(D. Dash), Judge.

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Narayan

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Signature Not Verified

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Digitally Signed Signed by: NARAYAN HO Reason: Authentication Location: OHC Date: 19-Jan-2024 10:54:20

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Ranjan Kumar Das @ Kalia v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ranjan Kumar Das @ Kalia v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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