Allowed

Babu @ Balaram Naik v. State of Odisha

Orissa HC22 Mar 2024BLAPL/12996/2023

Case brief

AI extract

What is this about?

Granted bail to the petitioner accused of offences under the N.D.P.S. Act, directing release on furnishing a bail bond and security with solvent sureties, subject to specific conditions including non-indulgence in similar offences and antecedent verification.

What did the court decide?

Petitioner released on bail on furnishing a bail bond of Rs.40,000 with two local solvent sureties.

Babu @ Balaram Naik Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.12996 of 2023

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Babu @ Balaram Naik …. Petitioner Ms. Sujata Jena, Advocate -versus…. State of Odisha Opposite Parties Mr. P.C. Das, ASC

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CORAM:

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JUSTICE A.K. MOHAPATRA

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Order No.

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ORDER 22.03.2024 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State. Perused the materials on record.

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This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Madhupatna P.S.Case No.150 of 2023 corresponding to G.R.(Spl.) Case No.12 of 2023 pending in the Court of the learned Sessions Judge-cumSpecial Judge, Cuttack for alleged commission of offence under Sections 20(b)(ii)(c), 25, 29 of the NDPS Act.

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It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 28.04.2023. In the meantime investigation has been concluded and Charge Sheet has been filed. It is submitted by learned counsel for the Petitioner that the Petitioner is the owner of the vehicle. He further contended that the co-accused persons namely

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Krushna Naik @ Krushna Nayak in BLAPL No.14380 of 2023, Balaram Rauta @ Balaram Roul in BLAPL No.14398 of 2023 and Anubhab Sethy @ Anubhav Sethy in BLAPL No.14373 of 2023 have already been released on regular bail by this Court. Learned counsel for the Petitioner submitted that the Petitioner be released on bail on any suitable terms and conditions.

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Leaned Additional Standing Counsel for the State vehemently opposes the prayer for bail of the Petitioner and submits that illegal trafficking of contraband articles is rising day-by-day in the State and no leniency should be shown to the petitioner or similarly situated persons. Moreover, the release of the Petitioner at this juncture which affect the early conclusion of the trial adversely. In such view of the matter, learned Addl. Standing Counsel submitted that the bail application filed by petitioner be rejected at this juncture.

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Having heard learned counsel for the respective parties and on careful examination of the case diary as well as materials on record, taking into consideration the custodial detention of the Petitioner sine 28.04.2023 and the fact that Charge Sheet has already been filed in the meantime and the trial is not likely to commence in near future, this Court is inclined to release the Petitioner on bail

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Accordingly, it is directed that let the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.40,000/(Rupees Forty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter subject to the following terms and conditions:

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i) The Petitioner shall not indulge in similar nature of offence

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while on bail.

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ii) shall appear before the trial Court on each and every date of

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posting without fail.

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iii) shall not tamper with the prosecution evidence while on bail; iv) shall cooperate with the investigation and appear before the I.O. as and when required for the purpose of investigation.

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vi) Violation of the condition shall entail cancellation of bail.

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The court in seisin over the matter may impose any other condition(s) as deem fit and proper.

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It is further directed that the bail granted to the Petitioner is subject to the condition that learned court below shall verify whether the Petitioner has any criminal antecedents of similar nature. In the event it is found that the Petitioner has any criminal antecedents of similar nature, this bail order shall automatically stand revoked.

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BLAPL is accordingly disposed of

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Issue urgent certified copy as per Rules.

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S.K.Rout

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( A.K. Mohapatra )
Judge

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Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, C utta ck Date: 28-Mar-2024 20:11:58

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Signature Not Verified

Babu @ Balaram Naik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Babu @ Balaram Naik v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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