Disposed

Yash Gaikwad v. State of Odisha

Orissa HC16 Aug 2024BLAPL/6117/2024

Case brief

AI extract

What is this about?

Bail application by an accused in an NDPS case involving alleged ganja possession, in custody since August 2023 with chargesheet filed but trial not commenced. The Court granted bail to the first offender citing likely trial delay, subject to antecedent verification and monthly police-station appearance.

What did the court decide?

Petitioner directed to be released on bail on terms fixed by the trial court, subject to antecedent verification, monthly police-station appearances, and family-member P.R. bond.

Yash Gaikwad 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. 6117 of 2024

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Yash Gaikwad

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Petitioner

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Mr. R.L. Pattnaik, Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr. P.K. Maharaj, ASC

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CORAM: JUSTICE V. NARASINGH

ORDER

16.08.2024

Order No.

04.

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

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The Petitioner is an accused in connection with Special G.R. Case No.169 of 2023 pending on the file of learned Sessions Judge-cum-Special Judge, Malkangiri, in the district of Malkangiri, arising out of Kalimela P.S. Case No.198 of 2023 for commission of offence alleged under Sections 20(b)(ii)(C)/27(a) and 29 of the NDPS Act.

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Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.

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Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned

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Special Judge, Malkangiri by order dated 17.05.2024 in the aforementioned case, the present BLAPL has been filed.

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This is the second journey of the Petitioner to this Court. Earlier bail application of the Petitioner i.e. BLAPL No.10799 of 2023 was disposed of as withdrawn by this Court by order dated 27.03.2024.

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It is submitted by the learned counsel that the Petitioner is in custody since 15.08.2023 on the allegation of possessing contraband (ganja) to the tune of 50 kgs.

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It is further submitted that the Petitioner is the first offender and charge sheet has already been filed on 07.02.2024 and he is in custody for an year. On the ground of procrastination of trial, Petitioner seeks release.

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Learned counsel for the State opposes the prayer for bail in view of the bar contained in Section 37(1)(b)(ii) of the NDPS Act and keeping in view the order of the Apex Court in the case of State by the Inspector of Police vs. B. Ramu in SLP(Crl.) No(s).8137 of 2022 dated 12.02.2024 and also submits that Petitioner is a flight risk.

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Taking into account that trial has not commenced and the prosecution seeks to rely on 19 witnesses and there is less likelihood of completion of trial in the near future and keeping in view that the Petitioner is the first offender, this Court directs the

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Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

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Before releasing, learned Court in seisin is requested to verify the criminal antecedent of the Petitioner from his parent police station i.e. P.SChakan, in the district of Pune Rural (Maharastra). If it comes to the fore that the Petitioner has any criminal antecedent , this order shall not be given effect to.

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To allay the legitimate apprehension of the learned Public Prosecutor regarding ensuring the presence of the Petitioner during trial since, he does not belong to the State of Odisha, additionally it is directed that Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

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It is further directed that one of the family member of the Petitioner shall execute P.R bond in addition to the sureties so fixed.

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Accordingly, the BLAPL stands disposed of. 14. Urgent certified copy of this order be granted as per rules.

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(V. Narasingh) Judge

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Signature Not Verified

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Santoshi Digitally Signed Signed by: SANTOSHI LENKA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 16-Aug-2024 20:50:33

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Yash Gaikwad v. State of Odisha

Case brief

What is this about?

What did the court decide?

Yash Gaikwad v. State of Odisha

Case brief

What is this about?

What did the court decide?

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