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Bhimasen Digal v. State of Odisha

Orissa HC10 Jan 2025BLAPL/254/2025

Case brief

AI extract

What is this about?

Orissa High Court (Cuttack), BLAPL No.254 of 2025, R.K. Pattanaik, J., order dated 10.01.2025: bail granted to Bhimasen Digal in 22-kg ganja seizure case (Khandagiri P.S. Case No.875 of 2024; T.R. No.661 of 2024, District & Sessions Judge, Khurda at Bhubaneswar); quantity slightly above commercial; no criminal antecedent claimed; bail bond Rs.40,000/- with one solvent surety; petition disposed of.

What did the court decide?

Release of the petitioner on bail in connection with T.R. No.661 of 2024 corresponding to Khandagiri P.S. Case No.875 of 2024, subject to furnishing a bail bond of Rs.40,000/- (rupees forty thousand) with one solvent surety for the like amount to the satisfaction of the learned District & Sessions Judge, Khurda at Bhubaneswar; the trial court is at liberty to impose such other suitable conditions as deemed just and proper.

Bhimasen Digal Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, Bhimasen Digal, should be released on bail in connection with T.R. No.661 of 2024 corresponding to Khandagiri P.S. Case No.875 of 2024 pending before the learned District & Sessions Judge, Khurda at Bhubaneswar.

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Court's answer

Considering that slightly above the commercial quantity of contraband Ganja was seized from the vehicle in which the petitioner was travelling at the relevant time, and that he claimed to have no criminal antecedent, the Court was inclined to direct him to go on bail subject to conditions.

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Ratio / Principle

The petition stands disposed of with a direction to release the petitioner on bail in connection with T.R. No.661 of 2024 corresponding to Khandagiri P.S. Case No.875 of 2024, subject to his furnishing a bail bond of Rs.40,000/- with one solvent surety for the like amount to the satisfaction of the learned District & Sessions Judge, Khurda at Bhubaneswar, who shall be at liberty to impose such other suitable conditions as deemed just and proper.

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Detailed headnote1 paragraphs

Bail application (BLAPL No.254 of 2025, High Court of Orissa at Cuttack, R.K. Pattanaik, J., order dated 10.01.2025) disposed of by directing release of petitioner Bhimasen Digal on bail in connection with T.R. No.661 of 2024 corresponding to Khandagiri P.S. Case No.875 of 2024 pending before the learned District & Sessions Judge, Khurda at Bhubaneswar. Basis: 22 Kgs of contraband Ganja seized from the car in which the petitioner was travelling — a quantity slightly above the commercial quantum — and his claim of having no criminal antecedent. Condition imposed: bail bond of Rs.40,000/- (rupees forty thousand) with one solvent surety for the like amount; the trial court left free to impose further suitable conditions. No statute or precedent is cited in the order.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.254 of 2025

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Bhimasen Digal …. Petitioner

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Mr. S.K. Dash, 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.

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Instant petition is filed for release of the petitioner on bail in connection with T.R. No.661 of 2024 corresponding to Khandagiri P.S. Case No.875 of 2024 pending in the file of learned District & Sessions Judge, Khurda at Bhubaneswar on the grounds stated therein.

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Perused the FIR as at Annexure-1 and also rejection order i.e. Annexure-2.

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Considered the submissions of learned counsels for the both sides.

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Quantity of 22 Kgs of contraband Ganja is said to have seized from the petitioner, while it was being transported in a car. It is made to appear from the FIR i.e. Annexure-1 that apart from the petitioner, others were travelling in the alleged vehicle at the time of its interception. Considering the fact that slightly above the commercial quantity of contraband Ganja is shown to have been seized from the vehicle question in which the petitioner was travelling at the relevant point of the time and him claimed to have

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no criminal antecedent, the Court is inclined to direct him to go on bail subject to following conditions.

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6. Accordingly, it is ordered.

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In the result, the petition stands disposed of with a direction to release the petitioner on bail in connection with T.R. No.661 of 2024 corresponding to Khandagiri P.S. Case No.875 of 2024 subject to him furnishing a bail bond of Rs.40,000/- (rupees forty thousand) with one solvent surety for the like amount to the satisfaction of the learned District & Sessions Judge, Khurda at Bhubaneswar, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case.

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