Sarita Yadav Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Sarita Yadav Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of petitioner Sarita Yadav on bail in connection with T.R. No.124 of 2024 corresponding to Balugaon Excise Station Khordha P.R. No.208 of 2024-25, on a bail bond of Rs.40,000/- with two solvent sureties (one a local inhabitant) for the like amount each, to the satisfaction of the learned 1st Additional Sessions Judge-cum-Special Judge, Khordha, with liberty to impose further suitable conditions.

Issue for consideration

Whether the petitioner, against whom 8 Kg of contraband Ganja was allegedly recovered (with the State contending that commercial quantity was seized), should be released on bail in connection with T.R. No.124 of 2024 corresponding to Balugaon Excise Station Khordha P.R. No.208 of 2024-25.

Court's answer

Since separate seizures were made with a recovery shown against the petitioner for 8 Kgs of contraband Ganja, notwithstanding the investigation being in progress and the accused not being a local resident (belonging to MP), the Court held she should be allowed to go on bail subject to stringent conditions.

Ratio / Principle

The petition stands disposed of with a direction to release the petitioner on bail in connection with T.R. No.124 of 2024 corresponding to Balugaon Excise Station Khordha P.R. No.208 of 2024-25, subject to furnishing a bail bond of Rs.40,000/- with two solvent sureties (one among them a local inhabitant) for the like amount each, to the satisfaction of the learned 1st Additional Sessions Judge-cum-Special Judge, Khordha, who may impose such other suitable conditions as deemed just and proper.

Detailed headnote1 paragraphs

Bail granted — High Court of Orissa at Cuttack (R.K. Pattanaik, J.), BLAPL No.250 of 2025, order dated 10.01.2025: Petitioner Sarita Yadav, arraigned in Balugaon Excise Station Khordha P.R. No.208 of 2024-25 (T.R. No.124 of 2024) before the learned 1st Additional Sessions Judge-cum-Special Judge, Khordha, with an alleged recovery of 8 Kg of contraband Ganja shown against her out of a total seizure of 26 Kg effected at a bus stand (public place), was allowed bail despite the investigation being in progress, her non-local residence (Madhya Pradesh) and the State's objection that commercial quantity had been seized; release ordered subject to a bail bond of Rs.40,000/- with two solvent sureties (one a local inhabitant) for the like amount each, with liberty to the trial Judge to impose further suitable conditions.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.250 of 2025

Sarita Yadav …. Petitioner

Mr. R. N. Mohanty, Advocate

-Versus-

State of Odisha

…. Opposite Party

Mr. R. Pradhan, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

Order No.

10.01.2025

Heard learned counsel for the petitioner and State.

Instant petition is filed for release of the petitioner on bail in connection with T.R. No.124 of 2024 corresponding to Balugaon Excise Station Khordha P. R. No.208 of 2024-25 pending in the file of learned 1^st Additional Sessions Judge-cum-Special Judge, Khordha on the grounds stated therein.

3. Perused the PR as at Annexure-1.

Learned counsel for the petitioner submits that 8 Kg of contraband Ganja was allegedly recovered from the petitioner. It is further submitted that the petitioner is a lady and has no criminal antecedent, hence, therefore, she should be allowed to go on bail on any terms and conditions. While pleading for such release, learned counsel for the petitioner refers to Annexure-2 series. An objection is received from Mr. Pradhan, learned ASC for the State by claiming that commercial quantity of contraband Ganja has been seized during the alleged incident.

Upon perusal of the PR, it is made to understand that in total, 26 Kg of contraband Ganja was seized. Such recovery is from

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a public place and at a bus stand. The petitioner and others were intercepted at the spot with the alleged recovery and seizure made. Considering the above facts and since separate seizures have been made with a recovery shown against the petitioner for a quantity of 8 Kgs of contraband Ganja, notwithstanding the investigation to be in progress, the Court is of the view that the accused, who is though not a local resident and belongs to MP, she should be allowed to go on bail subject to stringent conditions.

6. Accordingly, it is ordered.

In the result, the petition stands disposed of with a direction to release the petitioner on bail in connection with T.R. No.124 of 2024 corresponding to Balugaon Excise Station Khordha P. R. No.208 of 2024-25 subject to her furnishing a bail bond of Rs.40,000/- (rupees forty thousand) with two solvent sureties (one among them should be a local inhabitant) for the like amount each to the satisfaction of the learned 1^st Additional Sessions Judge-cumSpecial Judge, Khordha, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case.

The BLAPL stands disposed of.

Urgent certified copy of this order be granted as per rules.

(R.K. Pattanaik) Judge

Rojina

Signature Not Verified

Digitally Signed Signed by: ROJINA SAHOO Designation: Junior Stenographer Reason: Authentication Location: OHC, CTC Date: 13-Jan-2025 14:36:57

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