Allowed

Nitis @ Nitish Kumar v. State of Odisha

Orissa HC17 May 2024BLAPL/4794/2024

Case brief

AI extract

What is this about?

The High Court of Orissa allowed bail to the petitioner accused under Sections 20(b)(ii)C of NDPS Act. The court imposed conditions including annual blood tests, police reporting, and filing an affidavit, directing release upon furnishing a bond with sureties.

What did the court decide?

Petitioner directed to be released on bail with Rs. 35,000 bond and two sureties subject to conditions of police reporting, affidavit filing, and no tampering with evidence.

Nitis @ Nitish Kumar Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

BLAPL No.4794 of 2024

¶3

Nitis @ Nitish Kumar

¶4

.....

¶5

Petitioner

¶6

Represented By Adv. - Sanjit Mishra

¶7

-versus-

¶8

State Of Odisha

¶9

..... Opposite Parties

¶10

Represented By Adv. -

¶11

CORAM:

¶12

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

Order No.

17.05.2024

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

¶18

Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State. Perused the materials placed before this Court.

¶19

This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Puri GRPS Case No.4 of 2024 corresponding to Special G.R.Case No.05 of 2024 pending in the Court of the learned District & Sessions Judge-cum-Special Judge, Puri for alleged commission of offence under Sections 20(b)(ii)C of the N.D.P.S.Act.

¶20

Page 1 of 4.

¶21

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 Petitioner is languishing in custody since 208.01.2024. It is further submitted by the learned counsel for the Petitioner that in the meantime investigation has been progressed substantially. Further, referring to the allegation made in the F.I.R. learned counsel for the Petitioner submitted that a total quantity of 28 kg 300 grams of contraband ganja was recovered from the possession of the Petitioner. He further contended that the Petitioner has been falsely implicated in the present case. It is also contended that though the Petitioner does not belong to the State of Odisha, however he is ready and willing to abide by such terms and conditions as would be deemed fit and proper. He also contended that the Petitioner does not have any criminal antecedent.

¶22

Learned Additional Standing Counsel appearing for the StateOpposite Party, on the other hand, opposed the prayer for release of the Petitioner on bail on the ground that allegations made against the Petitioner is serious in nature. He further submitted that the cases of illegal transportation of contraband article are rising in State of Odisha now-a-days. Therefore, no leniency should be shown to the accused persons, who are involved in such type of offence. However, the investigation is still on. He also contended that in the event the Petitioner is released on bail, he will abscond and in such eventuality delay would be caused in conclusion of trial. In such view of the matter, it is submitted that the prayer for bail of the Petitioner be rejected at this juncture.

¶23

Having heard learned counsel for the parties, considering the

¶24

Page 2 of 4.

¶25

surrounding circumstances of the case and the period of custodial detention of the Petitioner as well as considering the nature of allegations made and the Petitioner does not have any criminal antecedent of similar nature, this Court is inclined to grant bail to the Petitioner and it is directed that let the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.35,000/(Rupees Thirty five thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter subject to the following terms and conditions:

¶26

I) The Petitioner shall also file an affidavit within a period of ten days before the Trial Court indicating therein his residential details and other details like Aadhar No., Phone No. before the jurisdictional Police Station & further release of the Petitioner shall be subject to verification of such details as would be furnished by any relative of the Petitioner in the shape of an affidavit.

¶27

II) he shall not be involved in any offence of similar nature while on bail;

¶28

III) he shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever;

¶29

IV) he shall not make any default in attending the court during trial on each date without fail;

¶30

V) he shall appear before the concerned Police Station once in a fortnight preferably on ‘Sunday’ in between 10.00 A.M. to 1.00 P.M. for a period of three months and thereafter once in a month till conclusion of the trial.

¶31

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

¶32

Further, the release of the Petitioner shall also be subject to the

¶33

Page 3 of 4.

¶34

verification of similar nature of criminal antecedent of the Petitioner by the learned Court below. In the event, it is found that the Petitioner has any criminal antecedent of similar nature then the bail order shall not be given effect to.

¶35

BLAPL is accordingly disposed of.

¶36

Issue urgent certified copy as per Rules.

¶37

( A.K. Mohapatra ) Judge

¶38

RKS

¶39

Signature Not Verified

¶40

Page 4 of 4.

¶41

Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 20-May-2024 10:35:39

Nitis @ Nitish Kumar v. State of Odisha

Case brief

What is this about?

What did the court decide?

Nitis @ Nitish Kumar 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

K. Somesha Reddy Vs State of Odisha

Sudhansu Mohanty Vs State of Odisha

Kartik Khara Vs State of Odisha

Chandan@Dibyajyoti Chand Vs State of Odisha

Kulamani Parida Vs State of Odisha

Kalim Khan@Raju Vs State of Odisha