Allowed

Rinku Adjuad@Tiklu v. State of Odisha

Orissa HC2 Apr 2024BLAPL/1973/2024

Case brief

AI extract

What is this about?

The High Court granted bail to the petitioner in an NDPS case, noting that other accused were on bail and the charge sheet had been filed. Bail was granted subject to furnishing a bail bond and surety.

What did the court decide?

Bail granted subject to furnishing a bail bond of Rs. 30,000 with one solvent surety for the like amount to the satisfaction of the learned Session Judge-cum-Special Judge, Sambalpur.

Rinku Adjuad@Tiklu 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.1973 of 2024

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Rinku Adjuad@ Tiklu

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…. Petitioner

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Mr. B.K.Mohapatra, Advocate

-Versus-

State of Odisha

…. Opposite Party

Mr. D.K.Behera, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

02.04.2024

Order No. 01.

Heard learned counsel for the petitioner and Mr. Behera, learned ASC for the State.

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Instant petition under Section 439 Cr.P.C. is filed for release of the petitioner on bail in connection with T. R. Case No.156 of 2023 pending in the file of learned Session Judge-cum-Special Judge, Sambalpur corresponding to Dhanupali P.S. Case No. 330 of 2023, registered under Section(s) 21(c) & 29 of the N.D.P.S. Act on the grounds stated therein.

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Mr. Mohapatra, learned counsel for the petitioner submits that the chargesheet is already filed in the meantime and other accused persons are on bail and parity should therefore be extended. It is further submitted that the petitioner does not have any criminal antecedent and hence, he should be enlarged on bail with any terms and conditions as would be fixed by the Court.

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Mr. Behera, learned ASC on the other hand objects to the release of the petitioner on bail considering the quantity of Eskuf syrup bottles recovered and seized.

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Page 1 of 2

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A copy of the bail order dated 18^th December, 2023 in BLAPL No.13529 of 2023 is at flag-A and the same is perused. The alleged incident has taken place on 9^th October, 2023 during and in course of which large quantity of Eskuf syrup bottles was recovered. The Court finds that a number of persons were arrested in connection with the alleged recovery and seizure and the petitioner is one among them and he has been in judicial custody since 9^th October, 2023. Having regard to the length of judicial custody which is nearly five months and as in the meantime, charge sheet is filed with the closure of investigation and furthermore when, other accused persons are on bail, the Court is of the considered view that the petitioner should as well be granted bail on similar conditions.

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6. Accordingly, it is ordered.

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In the result, the petition under Section 439 Cr.P.C. stands allowed. Consequently, the petitioner is directed to be released on bail in connection with T. R. Case No.156 of 2023 arising out of Dhanupali P.S. Case No. 330 of 2023 subject to him furnishing a bail bond of Rs.30,000/-(rupees thirty thousand) with one solvent surety for the like amount to the satisfaction of the learned Session Judge-cum-Special Judge, Sambalpur, who shall be at liberty to impose such other suitable conditions as deemed just and necessary in the facts and circumstances of the case.

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Urgent certified copy of this order be granted as per rules.

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Signature Not Verified Digitally Signed Signed by: KABITARANI MAJHI (R.K. Pattanaik) Designation: SecretaryReason: Authentication Judge Location: OHC, Cuttack Kabita Date: 03-Apr-2024 15:30:59

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Rinku Adjuad@Tiklu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rinku Adjuad@Tiklu v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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