Allowed

Kartik Khara v. State of Odisha

Orissa HC16 May 2024BLAPL/2672/2024

Case brief

AI extract

What is this about?

The High Court of Orissa granted regular bail to the petitioner in a T.R. case under the NDPS Act. The court held that the recovered quantity was below commercial limits and there were no criminal antecedents, allowing bail subject to stringent conditions including verification of antecedents by the lower court.

What did the court decide?

Petitioner released on bail by furnishing Rs.40,000 bond with two sureties for Rs.40,000 each, subject to stringent conditions and verification of antecedents.

Kartik Khara Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2672 of 2024

Kartik Khara

.....

Petitioner

Represented By Adv. - Digambar Sethi

¶6

-versus-

¶7

State Of Odisha

¶8

..... Opposite Parties

¶9

Represented By Adv. – A.P.Das, ASC

¶10

CORAM:

¶11

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

Order No.

16.05.2024

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

¶16

Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the StateOpposite Party. Perused the materials placed before this Court.

¶17

The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with T.R. Case No.-84/2023, arising out Baipariguda P.S. Case No.202 of 2023, pending in the Court of learned District & Sessions Judge cum Spl. Judge, Koraput, Jeypore for alleged commission of offence punishable under Sections 20(b)(ii)(C) of the N.D.P.S. Act.

¶18

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

¶19

Page 1 of 3.

¶20

Petitioner is in custody since 20.09.2023. Further contended that in the meantime the investigation has been concluded and preliminary charge sheet has been filed keeping the investigation open. Further, allegations made in the F.I.R., the learned counsel for the Petitioner submitted that a total quantity of 59 kg 800 gms., ganja in two polythene bags and the Petitioner was standing nearby the tree and when saw the police team, the Petitioner started running and the police team chased and he was apprehended. Further contended that the petitioner has been falsely implicated in the present case. He further submitted that the Petitioner does not have any similar criminal antecedent. It was contended that the Petitioner belongs to locality and there is no chance of absconding. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and condition which the Petitioner undertakes to abide by while on bail.

¶21

Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, opposed the release of the Petitioner on bail on the ground that in the event the Petitioner is released on bail, there is a possibility that he might be involved in similar criminal offences. Learned Additional Standing Counsel submitted that nature of allegation and the contraband used in the present case is itself a threat to the society. Therefore, he submitted that the prayer for bail of the Petitioner be rejected at this juncture.

¶22

Having heard the learned counsels appearing for the respective parties and on a careful examination of the

¶23

Page 2 of 3.

¶24

surrounding facts and circumstances of the present case, further the contraband articles which was recovered from the Petitioner is less than the commercial quantity, the fact that the Petitioner does not have any similar criminal antecedent, therefore, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions.

¶25

Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.40,000/(Rupees Forty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter.

¶26

It is open for the Court in seisin over the matter to impose any other conditions as may be deemed just and proper. Violation of any other conditions shall entail cancellation of the bail application.

¶27

It is further directed that the bail granted to the Petitioner be subject to the condition that the court below shall verify the similar criminal antecedent of the Petitioner. In the event the Petitioner is having any similar criminal antecedent under the offences of NDPS Act, this bail order shall automatically stand revoked.

¶28

The BLAPL is, accordingly, disposed of.

¶29

Anil

¶30

Signature Not Verified Page 3 of 3. Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 17-May-2024 11:23:47

Kartik Khara v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kartik Khara v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Piush Biswas Vs State of Odisha

Ranjan Kumar Kamila Vs State of Odisha

Soumya Ranjan Pradhan @ Lucky Vs State of Odisha

K. Somesha Reddy Vs State of Odisha

Sudhansu Mohanty Vs State of Odisha

Rabindra Kumar Jena Vs State of Odisha