Disposed

Md. Abdur Raheman @ MD Abdur Raheman Alli Khan v. State of Odisha

Orissa HC8 Nov 2024BLAPL/2187/2024

Case brief

AI extract

What is this about?

In a bail application under section 439 Cr.P.C., the High Court of Orissa refused bail due to the serious nature of offences under the UAPA and IPC regarding anti-national activities. The Court directed the trial court to conclude evidence by December 2024 and allowed the applicant to renew the bail prayer in January 2025 if exams are delayed.

What did the court decide?

Bail refused. Trial Court to conclude evidence by December 2024. Applicant allowed to renew bail prayer in January 2025 if evidence not finished.

Md. Abdur Raheman @ MD Abdur Raheman Alli Khan Vs State of… — Narcotics (NDPS) | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.2187 of 2024

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Md. Abdur Raheman @ Md. Abdur Raheman Alli Khan …. Petitioner

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Mr. S.R. Mulia, Advocate

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-versus-

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State of Odisha …. Opp. Party

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Mr. Jateswar Nayak, Addl. Govt. Advocate

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CORAM:

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JUSTICE S.K. SAHOO

ORDER

Order No.

08.11.2024

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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Heard learned counsel for the petitioner and learned counsel for the State.

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This is an application under section 439 of Cr.P.C. in connection with S.T. Case No.103 of 2017 arising out of S.T.F. Bhubaneswar P.S. Case No.3 of 2016 pending in the Court of learned Sessions Judge, Cuttack for offences punishable under sections 16/17/18/18(B)/20/21/28/40 of the Unlawful Activities (Prevention) Act, 1967 and section 124(A) of the I.P.C.

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The prayer for bail of the petitioner was rejected by the learned Sessions Judge, Cuttack vide order

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dated 03.01.2024.

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Learned counsel for the petitioner submitted that the petitioner was taken into judicial custody in connection with this case on 21.06.2016 and when he approached this Court for bail in BLAPL No.3285 of 2022 vide order dated 27.02.2023, the bail application was rejected with a direction to the learned trial Court to expedite the trial and conclude the same at the earliest, preferably by end of December 2023 and the petitioner was given liberty to renew his prayer for bail, if the trial is not concluded within the aforesaid period.

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Learned counsel for the petitioner has produced the order sheet of the learned trial Court dated 07.10.2024 which indicates that some witnesses have been examined and the case was posted to 29.10.2024 and 30.10.2024 for evidence and summons were issued to nine witnesses. The order sheet is taken on record. Learned counsel further submitted that only two witnesses were examined on the said dates and now the case is posted to 12.11.2024 and 13.11.2024 and in view of the delayed disposal of the trial, the bail application of the petitioner may be favourably considered.

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Learned counsel for the State, on the other hand, opposed the prayer for bail and produced the report dated 04.09.2024 issued by the Supdt. of Police,

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S.T.F. C.I.D., C.B., Bhubaneswar which indicates that another case was instituted against the petitioner which was of the year 2015 and the Patiala House Court, New Delhi convicted the petitioner along with others. The instruction is taken on record. Learned counsel further submitted that the nature of accusation against the petitioner is very serious and he was propagating anti-social ideologies in the minds of innocent students with a view to engage them in anti-national activities and the petitioner was in the process of recruitment of youths from his Madrasa to introduce the terrorist organizations like Al-Quida and some youths have already been recruited by him for such organizations.

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Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the available materials on record and since some incriminating materials were seized from the possession of the petitioner, which would show his link with Al-Quida, I am not inclined to release the petitioner on bail. However, since the case has progressed a lot and only few witnesses are yet to be examined and the case is posted to 12/13.11.2024 for evidence, the learned trial Court shall make every endeavour to conclude the examination of the prosecution witnesses by end of December, 2024. The learned trial Court shall also

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do well to proceed with the trial on day to day basis keeping in view the provision under section 346 of B.N.S.S. The petitioner is at liberty to renew his prayer for bail in January, 2025 if all the prosecution witnesses are not examined by that date.

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With the aforesaid observation, the BLAPL stands disposed of.

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A copy of the order be communicated to the learned trial Court for compliance.

( S.K. Sahoo)

Judge

Sipun/rajesh

Signature Not Verified

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Digitally Signed Signed by: SIPUN BEHERA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 11-Nov-2024 15:12:49

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Md. Abdur Raheman @ MD Abdur Raheman Alli Khan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Md. Abdur Raheman @ MD Abdur Raheman Alli Khan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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