Disposed

Bibhuti Sahoo v. State of Odisha

Orissa HC19 Mar 2024BLAPL/1754/2024

Case brief

AI extract

What is this about?

Regular bail application under Section 439 CrPC arising from a raid on illegal use of an ultrasound machine; petitioner in custody since February 2024 with no similar antecedents. Court granted bail on bond of Rs.30,000 with one local solvent surety and disposed of the BLAPL.

What did the court decide?

Release on bail on furnishing bail bond of Rs.30,000 with one local solvent surety; trial court may impose other conditions.

Bibhuti Sahoo 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.1754 of 2024

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Bibhuti Sahoo …. Petitioner Mr. P.K. Dash , Advocate

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-versus-

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State of Odisha

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…. Opp. Party Mr. P.C. Das, A.S.C.

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CORAM:

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JUSTICE A.K. MOHAPATRA

ORDER

Order No.

19.03.2024

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

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Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the StateOpposite Party. Perused the materials placed before this Court. 3. The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with G.R. Case No. 119 of 2024, arising out of Mangalabag P.S.Case No.50 of 2024, pending in the Court of learned JMFC(City), Cuttack for alleged commission of offence punishable under Sections 419,420,34 of IPC r/w Section 22, 23, of P.C. & PNDT Act.

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Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the

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Petitioner is in custody since 09.02.2024. Further, he contended that the petitioner was working in the office of the Doctor. For illegally use of ultra sound machine, a raid was conducted by the competent authority, as a result of which the Petitioner has been implicated in such crime alleged wherein committed under the provisions of the P.C. & PNDP Act as well as under the provision of I.P.C. He further submitted that the Petitioner do not have any similar criminal antecedent. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.

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Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioner on the ground that the Petitioner is released on bail there is a possibility he might indulge in similar criminal offences. Accordingly, it was prayed that the bail application of the Petitioner be rejected at this juncture.

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Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, this Court is inclined to released the Petitioner on bail on furnishing a bail bond of Rs.30,000/(Rupees Thirty thousand) with one local solvent surety for the like amount to the satisfaction of the learned court in seisin over the matter.

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It is open for the Court in seisin over the matter to impose

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any other conditions as may be deemed just and proper.

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The BLAPL is, accordingly, disposed of.

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( A.K. Mohapatra) Judge

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Anil

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Signature Not Verified

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Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 20-Mar-2024 11:54:38

Bibhuti Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bibhuti Sahoo v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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