Ramkumar Singh Vs State of Odisha

Instant petition under Section 439 Cr.P.C is filed for release of the petitioner on bail in connection with T.R. Case No.43 of 2024 pending in the file of learned District & Sessions Judge-cumSpecial Judge, Koraput at Jeypore corresponding to Boipariguda P.S. Case No.144 dated 3^rd June, 2024 on the grounds stated therein.

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Mr. Panda, learned counsel for the petitioner submits that there is no direct evidence to connect the petitioner to the alleged crime, whereas, the seizure of the contraband Ganja of commercial quantity has been made from two other co-accused persons, while being transported in a water tanker. It is further submitted that merely on the strength of the confessional statements of the coaccused persons, the petitioner alleged to be the supplier stands implicated. The contention is that such confessional statements of the co-accused persons is not admissible and by stating so, Mr. Panda, learned counsel refers to the decision of the Apex Court in Tofan Singh Vrs. State of Tamil Nadu (2020) 80 OCR SC 641 .

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On the other hand, Mr. Sahoo, learned AGA for the State strongly objects to the release of the petitioner claiming that he is the kingpin and was primarily responsible for the procurement and transportation, hence, not to be enlarged on bail, notwithstanding, the chargesheet having been filed. In response, Mr. Panda, learned counsel submits that a preliminary chargesheet is filed against the petitioner keeping the investigation open in terms of Section 173(8) Cr.P.C.

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Perused the preliminary chargesheet, a copy of which is made available to the Court at the time of hearing. It is made to understand from the chargesheet that the alleged recovery and seizure has been made from a water tanker in presence of its driver and co-driver named therein. In fact, it is made to reveal that upon the disclosures made by the co-accused persons, the petitioner has been implicated. Admittedly, commercial quantity of contraband Ganja was being transported in the alleged vehicle at the relevant point of time. Except the confessional statements of the co-accused persons, as it appears, there is no direct evidence to show the complicity of the petitioner in the alleged transportation of the contraband Ganja. Having regard to the decision of the Apex Court in Tofan Singh (supra) and the fact that the petitioner was not present at the spot, when the seizure was made and that apart, recording the submission of Mr. Panda, learned counsel him that he has no criminal antecedent of similar nature, regard being had to the closure of investigation with the preliminary chargesheet filed in the meantime, the Court is of the view that the petitioner should be allowed to go on bail subject to the following conditions.

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Accordingly, it is ordered.

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In the result, petition under Section 439 Cr.P.C. stands allowed. Consequently, the petitioner is directed to go on bail in connection with T.R. Case No.43 of 2024 corresponding to

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Boipariguda P.S. Case No.144 dated 3^rd June, 2024 subject to him furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with two solvent sureties for the like amount each to the satisfaction of the learned District & Sessions Judge-cum-Special Judge, Koraput at Jeypore, 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, he shall attend the P.S. as and when necessary and to cooperate the I.O. for the purpose of further investigation.

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

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(R.K. Pattanaik) Judge

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Balaram

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Signature Not Verified

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Digitally Signed Signed by: BALARAM BEHERA Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 07-Jan-2025 10:14:36

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Ramkumar Singh v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ramkumar Singh v. State of Odisha

Case brief

What is this about?

What did the court decide?

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What the court decided

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