Titash Singh Vs State of Odisha — Bail and Remand | Orissa HC (2025)

Titash Singh Vs State of Odisha — Bail and Remand | Orissa HC (2025)

What the court decided

AI extract

Outcome

Both petitioners directed to be released on bail in connection with Padmapur P.S. Case No.134 of 2024 / T.R. Case No.112 of 2024 on furnishing bail bonds of Rs.30,000/- each with one solvent surety for the like amount, subject to conditions including that they shall not commit similar offences while on bail and that release shall be upon verification and absence of criminal antecedents of similar nature; trial court at liberty to impose other suitable conditions.

Issue for consideration

Whether the petitioners should be released on bail under Section 483 BNSS in connection with Padmapur P.S. Case No.134 of 2024 / T.R. Case No.112 of 2024, involving seizure of 26 Kgs of contraband Ganja of commercial quantity.

Court's answer

Given the remote possibility of commencement and closure of the trial in the near future and the fact that the petitioners have remained in custody from the date of arrest, the Court held they should be allowed to go on bail.

Ratio / Principle

The petitioners were directed to be released on bail in connection with Padmapur P.S. Case No.134 of 2024 / T.R. Case No.112 of 2024 on furnishing bail bonds of Rs.30,000/- each with one solvent surety for the like amount, to the satisfaction of the learned Additional Sessions Judge-cum-Special Judge, Gunupur, who may impose further suitable conditions, including that they shall not commit similar offences while on bail.

Key takeaways

Release of the petitioners was made subject to verification and absence of criminal antecedents of similar nature.ratio¶19

Detailed headnote1 paragraphs

Bail under Section 483 BNSS — Common order allowing BLAPL No.57 of 2025 (Ramakanta Paika) and BLAPL No.126 of 2025 (Titash Singh) seeking release in connection with Padmapur P.S. Case No.134 of 2024 corresponding to T.R. Case No.112 of 2024, pending before the learned Additional Sessions Judge-cum-Special Judge, Gunupur, where 26 Kgs of contraband Ganja of commercial quantity was seized and the petitioners were in custody from 1st October, 2024. Holding: considering the remote possibility of commencement and closure of the trial in the near future and custody from the date of arrest, the petitioners were directed to be released on bail on furnishing bail bonds of Rs.30,000/- (Rupees thirty thousand) each with one solvent surety for the like amount each; conditions imposed include abstention from similar offences while on bail and release upon verification and absence of criminal antecedents of similar nature; the trial court was left at liberty to impose such other suitable conditions as deemed just and proper.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.57 of 2025

Ramakanta Paika …. Petitioner Mr. S.K. Nayak, Advocate -VersusState of Odisha …. Opposite Party Mr. U.R. Jena, AGA And BLAPL No.126 of 2025 Titash Singh …. Petitioner Mr. S.K. Nayak, Advocate -VersusState of Odisha …. Opposite Party Mr. U.R. Jena, AGA

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

10.03.2025

Order No.

1. Heard Mr. Nayak, learned counsel for the petitioners and Mr. Jena, learned AGA for the State.

Instant petitions are clubbed together and stand disposed of by the following common order.

Instant petitions under Section 483 BNSS are filed for release of the petitioners on bail in connection with Padmapur P.S. Case No.134 of 2024 corresponding to T.R. Case No.112 of 2024

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pending in the file of learned Additional Sessions Judge-cum-Special Judge, Gunupur on the grounds stated therein.

In course of hearing, the submission is that 26 Kgs of contraband Ganja was seized from the petitioners who are in custody from 1^st October, 2024 and hence, to be released. An objection is received from Mr. Jena, learned AGA for the State with the submission that the petitioners should not be released on bail since recovery is in respect of contraband Ganja of commercial quantity. From Annexure-1, this Court finds that there has been seizure of contraband Ganja and of course, is of commercial quantity. It is claimed that the petitioners have no other antecedents. Considering the facts as above and since there is remote possibility of commencement and closure of the trial in near future and the fact that the petitioners have remained in custody from the date of arrest, this Court is of the view that they should be allowed to go on bail with following conditions.

Hence, it is ordered.

In the result, petitions under Section 483 BNSS are allowed. Consequently, the petitioners are directed to be released on bail in connection with Padmapur P.S. Case No.134 of 2024 corresponding to T.R. Case No.112 of 2024 subject to them furnishing bail bonds of Rs.30,000/-(Rupees thirty thousand) each with one solvent surety for the like amount each to the satisfaction of learned Additional Sessions Judge-cum-Special Judge, Gunupur, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, they shall not commit similar offences, while on bail. The Court

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Alok

further directs that such release of the petitioners shall be upon verification and absence of criminal antecedents of similar nature.

BLAPLs stand disposed of.

Issue urgent certified copy as per rules.

(R.K. Pattanaik) Judge

Signature Not Verified

Digitally Signed Signed by: ALOK RANJAN SETHY Reason: Authentication Location: ORISSA HIGH COURT Date: 11-Mar-2025 20:26:52

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