Disposed¶32

Bipin Bidika v. State of Odisha

Orissa HC16 May 2024BLAPL/1609/2024

Case brief

AI extract

What is this about?

Bail granted on parity; offence under Sections 20(b)(ii)(C) of the N.D.P.S. Act; ganja weighing 1164 Kg. 929 grams seized at Gudari (raid dated 31.05.2020); custody since 14.01.2024; co-accused bails in BLAPL No.3632 of 2024 and BLAPL No.940 of 2024 (orders dated 25.04.2024); stringent conditions including no tampering with evidence; High Court of Orissa at Cuttack; Dr. S.K. Panigrahi, J.; BLAPL No.1609 of 2024; order dated 16.05.2024.

What did the court decide?

Petitioner directed to be released on bail in Gudari P.S. Case No.38 of 2020 (T.R. Case No.6 of 2020) on stringent terms and conditions, namely: appearance before the trial court on each date of posting till completion of trial, no indulgence in criminal activities, and no tampering with prosecution witness evidence; violation of any condition shall entail cancellation of bail.

Bipin Bidika Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Petitioner, in custody in Gudari P.S. Case No.38 of 2020 (T.R. Case No.6 of 2020) for the alleged offence under Sections 20(b)(ii)(C) of the N.D.P.S. Act, is entitled to release on bail, particularly on the ground that similarly situated co-accused have already been enlarged on bail.

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Court's answer

Considering the submissions made by learned counsel for the parties, and since the co-accused persons had already been enlarged on bail (orders dated 25.04.2024 in BLAPL No.3632 of 2024 and BLAPL No.940 of 2024), the Court was inclined to release the present Petitioner on bail and directed the court in seisin over the matter to release him on stringent terms and conditions.

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Ratio / Principle

Release on bail was made subject to conditions: (i) appearance before the court in seisin on each date of posting of the case till completion of trial; (ii) no indulgence in any criminal activities in future; (iii) no tampering with the evidence of the prosecution witnesses in any manner; violation of any condition shall entail cancellation of the bail.

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Detailed headnote1 paragraphs

Bail — N.D.P.S. Act, Sections 20(b)(ii)(C) — Parity with co-accused. Petitioner, in custody since 14.01.2024 in Gudari P.S. Case No.38 of 2020 (T.R. Case No.6 of 2020) before the Additional Sessions Judge-cum-Special Judge, Gunupur, sought release; the FIR alleged recovery of 'ganja' weighing about 1164 Kg. 929 grams in toto during a raid near Khairanguda on 31.05.2020, with nothing allegedly seized from his conscious possession. Since co-accused on similar footing had already been enlarged on bail vide orders dated 25.04.2024 in BLAPL No.3632 of 2024 and BLAPL No.940 of 2024, the Court (Dr. S.K. Panigrahi, J.) inclined to grant parity, directed release on bail on stringent conditions: attendance on every posting till completion of trial, no criminal activity, and no tampering with prosecution evidence, breach entailing cancellation. BLAPL disposed of (order dated 16.05.2024).

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.1609 of 2024

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Bipin Bidika …. Petitioner

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Mr. Suchit Kumar Nayak, Adv.

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-versus-

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…. The State of Odisha Opposite Party Mr. Gyanaranjan Mohapatra, ASC

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CORAM:

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DR.JUSTICE S.K. PANIGRAHI

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Order ORDER No. 16.05.2024

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F.I.R. No.	Dated	Police Station	Case No. and Courts’ Name	Sections
0038	31.05.2020	Gudari	Gudari P.S. Case No.38/2020 corresponding to T.R. Case No.06(A)/2020 pending in the court of learned Additional Sessions Judge- cum-Special Judge,Gunupur	Sections 20(b)(ii)(C) of the N.D.P.S. Act.

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1 . This matter is taken up through hybrid arrangement.

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2 . Heard learned counsel for the Petitioner and learned

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counsel for the State.

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3 . The Petitioner being in custody in connection with Gudari

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3 Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 17-May-2024 16:48:17

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P.S. Case No.38 of 2020 corresponding to T.R. Case No.6 of

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Page 1 of 3

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2020, pending in the court of learned Additional Sessions Judge-cum-Special Judge, Gunupur, registered for the alleged commission of offence under Sections 20(b)(ii)(C) of the N.D.P.S. Act, has filed this petition for his release on bail.

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4 . The allegation as made in the F.I.R. reveals that on 31.05.2020 at about 9.30 A.M. the S.I. of Police Gudari P.S. and staff were performing day patrolling in village Kadama and its adjoining area. On that day at about 4.35 P.M. acting upon tip off, they conducted raid on the spot i.e. in the jungle near Khairanguda and found the Petitioner along with others were engaged in packing and storing contraband ‘ganja’ in a cashew nut field. On seeing the Police personnel, the persons engaged in the packing the contraband ‘ganja’ fled from the spot. The raiding team nabbed one Samir Majhi, who disclosed the name of the present petitioner. On search they recovered twelve white colour polythene bags and one green colour polythene bag containing ‘Ganja’ weighing about 1164 Kg. 929 grams in toto along with motor cycles from the spot.

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5. Learned counsel for the Petitioner submits that the Petitioner has been falsely implicated in this case. Nothing has been seized from the conscious possession of the present Petitioner and he is in custody since 14.01.2024.

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Signature Not Verified 6. He further submits that some of the co-accused persons Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant who stand on similar footing, have already been released on

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 17-May-2024 16:48:17

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Page 2 of 3

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bail. He, accordingly, contends that since similarly situated persons have already been released on bail, the prayer of the present Petitioner may be allowed.

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7 . Learned counsel for the State vehemently opposes the bail prayer of the Petitioner.

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8 . Considering the submissions made by the learned counsel for the parties and since the co-accused persons have already been enlarged on bail vide orders dated 25.04.2024 passed in BLAPL No.3632 of 2024 and BLAPL No.940 of 2024, this Court is inclined to release the present Petitioner on bail. Accordingly, it is directed that the court in seisin over the matter shall release the present Petitioner on bail in the aforesaid case on stringent terms and conditions with further conditions that:

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i. the Petitioner shall appear before the court in seisin over the matter on each date of posting of the case till completion of trial;

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ii. the Petitioner shall not indulge in any criminal activities in future;

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iii. the Petitioner shall not tamper the evidence of the prosecution witnesses in any manner;

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Violation of any of the above conditions shall entail cancellation of the bail.

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9. The BLAPL is, accordingly, disposed of.

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Signature Not Verified

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Digitally Signed (Dr. S.K. Panigrahi) Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Judge Location: High Court of Orissa Ayaskanta Date: 17-May-2024 16:48:17

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Page 3 of 3

Bipin Bidika v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bipin Bidika v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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Procedural history

Parties & counsel

Coram

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