Allowed

Dipu Ranjan Sethi@Chhota v. State of Odisha

Orissa HC27 Sept 2024BLAPL/4631/2024

Case brief

AI extract

What is this about?

The High Court of Orissa granted regular bail to the petitioner in a case under the Arms Act and IPC, subject to furnishing a bail bond with sureties and appearing before the local police station every fortnight for six months.

What did the court decide?

Petitioner released on bail on bond of Rs.40,000 with two sureties, subject to stringent conditions including fortnightly police appearance.

Dipu Ranjan Sethi@Chhota Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.4631 of 2024

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Dipu Ranjan Sethi@chhota

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..... Petitioner

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Represented By Adv. - Bikram Rath M/s. Ajit Kumar Mohanty S.r.mohapatra

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-versus-

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State Of Odisha ..... Opposite Parties Represented By Adv. –

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Mr.M.K.Mohanty, ASC

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

27.09.2024

Order No.

1. 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 State-Opposite Party. Perused the materials placed before this Court.

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The present bail application has been filed by the Petitioner for regular bail in connection with C.T. Case No.226 of 2023, arising out of Tigiria P.S. Case No.226 of 2023, pending in the Court of learned J.M.F.C., Tigiria, for alleged commission of offence punishable under Section 395 of the Indian Penal Code read with Sections 25 & 27

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Page 1 of 4.

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of Arms Act.

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Learned counsel for the Petitioner submitted that the Petitioner is in custody since 13.02.2024. He further submitted that in the meantime investigation has been concluded and final charge sheet has been filed. Further, referring to the allegation made in the F.I.R., learned counsel for the Petitioner submitted that a total sum of Rs.5,00,000/- has been recovered from the present Petitioner. He further contended that the Petitioner was never put to T.I. parade. As such identity and involvement in the present case has not been established. Learned counsel for the Petitioner further submitted that the Petitioner does not have similar criminal antecedent and that he belongs to the locality, therefore, there is no chance of his absconding. On such ground, it is submitted that the Petitioner be released on bail on any terms and conditions that would be imposed by this Court which the Petitioner shall abide by while on bail.

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Learned counsel for the State, on the other hand, opposed the release of the Petitioner on bail on the ground of seriousness and gravity of the allegation. He further submitted that in the event the Petitioner is released on bail, there is every likelihood that he might abscond from justice which would eventually cause delay in conclusion of the trial.

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Considering the submissions made by the learned

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Page 2 of 4.

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counsels appearing for the respective parties and on a careful examination of the materials on record and further taking note of the fact that investigation has concluded and that the Petitioner is in custody since 12.02.2024 and that the Petitioner does not have similar criminal antecedent, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions.

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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 for the like amount to the satisfaction of the Court in seisin over the matter. Release of the Petitioner shall also be subject to the following conditions :-

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I) He shall not indulge in similar criminal offences while on bail;

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II) He shall appear before the trial court on each and every date of posting of the case, if not prevented by sufficient cause;

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III) He shall not threaten/harass/terrorize any of the prosecution witnesses and he shall not make attempt to tamper with the prosecution evidence while on bail; and

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IV) He shall appear before the local police station once in a fortnight, preferably on ‘Sunday’ in between 10.00 A.M. to 1.00

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Page 3 of 4.

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P.M., for a period of six months.

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

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It is further directed that the bail granted to the Petitioner is subject to the condition that the court below shall verify whether the Petitioner is having any similar criminal antecedent. In the event it is found that the Petitioner is having any similar criminal antecedent, this bail order shall automatically stand revoked.

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9. The BLAPL is, accordingly, disposed of.

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Issue urgent certified copy of this order as per Rules.

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( A.K. Mohapatra ) Judge

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RKS

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Signature Not Verified

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Page 4 of 4.

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Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa, C utta ck Date: 30-Sep-2024 15:19:11

Dipu Ranjan Sethi@Chhota v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dipu Ranjan Sethi@Chhota v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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