Allowed

Gura Ho v. State of Odisha

Orissa HC4 Oct 2024BLAPL/7397/2024

Case brief

AI extract

What is this about?

The High Court at Cuttack allowed a bail application under Section 483 BNSS for an accused charged under Section 18 of the NDPS Act. Being a first offender with a charge sheet filed, the petitioner was released on bail subject to verification of antecedents and monthly police reporting.

What did the court decide?

Petitioner released on bail subject to verification of criminal antecedents and monthly appearance before police.

Gura Ho Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.7397 of 2024

¶2

Gura Ho

¶3

Petitioner

¶4

Mr. A. Mishra, Advocate

¶5

-versus-

¶6

State of Odisha

¶7

…. Opposite Party

¶8

Mr. P.K. Maharaj, ASC

¶9

CORAM: JUSTICE V. NARASINGH ORDER

04.10.2024

Order No.

02.

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

¶14

The Petitioner is an accused in connection with Spl. G.R. Case No.04 of 2024 pending on the file of learned Addl. Sessions Judge-cum-Special Judge, Karanjia arising out of Jashipur P.S. No.53 of 2024 for commission of offence alleged under Sections 18 of NDPS Act.

¶15

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.

¶16

Being aggrieved by the rejection of his application for bail U/s.483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) by the learned Special Judge, Karanjia by order dated 11.07.2024 in the

¶17

Page 1 of 3

¶18

aforementioned case, the present BLAPL has been filed.

¶19

It is stated by the learned counsel that the Petitioner is in custody since 25.02.2024 on the allegation of commission of offence of under Section 18 of NDPS Act.

¶20

On instruction, it is stated by the learned counsel that since the Petitioner is the first offender and as charge sheet has already been filed on 25.08.2024 in the meanwhile, which is on record, he may be released on bail.

¶21

Learned counsel for the State opposes the prayer in view of the accusation that the Petitioner is involved in the illegal cultivation of poppy plants (Opium).

¶22

Taking into account the submission of final form and that the Petitioner being a first offender, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin subject to verification of criminal antecedent.

¶23

If it comes to fore that the Petitioner has criminal antecedent of any nature, this order shall not be given effect to.

¶24

Additionally, it is directed that the 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 the conclusion of

¶25

Page 2 of 3

¶26

trial. Certification of such appearance shall be

¶27

submitted to the Court in seisin.

¶28

Accordingly, the BLAPL stands disposed of. 12. Urgent certified copy of this order be granted as per rules.

(V. NARASINGH)

SOUMYA

Judge

Signature Not Verified

¶33

Digitally Signed Signed by: SOUMYA RANJAN SAMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 05-Oct-2024 17:29:01

¶34

Page 3 of 3

Gura Ho v. State of Odisha

Case brief

What is this about?

What did the court decide?

Gura Ho 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

Dharmendra Kumar Balmik Vs State of Odisha

Patitapaban Pradhan Vs State of Odisha

Rama Nag Vs State of Odisha

Harekrushna Sahoo Vs State of Odisha

Ali Azam @ Ali Azam Mallik Vs State of Odisha

Suraj Kumar Vs State of Odisha