Disposed

Bhan Singh v. State of Odisha

Orissa HC10 Sept 2024BLAPL/8536/2024

Case brief

AI extract

What is this about?

Regular bail under Section 439 CrPC in an NDPS case alleging seizure of 20 kgs 450 gms of ganja. The court noted the detention period, absence of similar criminal antecedents and the disputed recovery, and granted bail on stringent conditions including fortnightly police station appearance.

What did the court decide?

Petitioner released on bail on furnishing bond of Rs.35,000 with two local solvent sureties, subject to stringent conditions.

Bhan Singh Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.8536 of 2024

Bhan Singh

.....

Petitioner

Represented By Adv. - Dibyajyoti Sahoo

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-versus-

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State Of Odisha

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..... Opposite Parties

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Represented By Adv. – P.C.Das, ASC

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

10.09.2024

Order No.

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

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Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State.

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This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Jharsuguda P.S. Case No.500 of 2024, corresponding to C.T.(Spl) Case No.24 of 2024, pending in the Court of the learned Special Judge, Jharsuguda for alleged commission of offence under Sections 20(b)(ii)(C) of NDPS Act.

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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 in custody since 03.08.2024. Further, referring to the allegations made

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Page 1 of 4 .

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in the F.I.R., learned counsel for the Petitioner submitted that keeping in view the quantity of ganja seized, i.e., 20 kgs. 450 gms., was allegedly recovered from possession of the Petitioner. The alleged recover is being seriously disputed by the Petitioner at this juncture. He further submitted that the Petitioner does not have any similar criminal antecedents. Further contends that the petitioner does not belongs to State of Odisha, therefore, the Petitioner is ready and willing shall abide by any terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.

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Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioner on the ground that such cases are increasing day-by-day and no leniency should be shown to the petitioner. He further submitted that the Petitioner belongs to State of Rajasthan, therefore, release of the Petitioner be difficult to ensure the appearance of the Petitioner before the Trial Court during trial. Further contends that the Investigation is still on. In such view of the matter, he submitted that the bail application of the Petitioner be rejected at this juncture.

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Having heard the learned counsels appearing for the respective parties and on a careful examination of the surrounding facts and circumstances of the present case, further keeping the view the period of detention of the Petitioner in jail custody and the fact that the Petitioner does not have any 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.35,000/- (Rupees Thirty Five thousand) two local solvent sureties each for the like

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Page 2 of 4 .

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amount to the satisfaction of the learned court in seisin over the matter subject to the following terms and conditions:

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I) The Petitioner shall also file an affidavit before the Trial Court with regard to indicating there his residential details 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.

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

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

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

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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. till conclusion of the trial.

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

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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.

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Page 3 of 4 .

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BLAPL is accordingly disposed of.

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Issue urgent certified copy as per Rules.

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( A.K. Mohapatra )

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Judge

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Anil

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Signature Not Verified Page 4 of 4 .

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Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 11-Sep-2024 14:58:07

Bhan Singh v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bhan Singh v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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