Harsha @ Harsh Sharma Vs State of Odisha — Bail and Remand | Orissa HC (2025)

Harsha @ Harsh Sharma Vs State of Odisha — Bail and Remand | Orissa HC (2025)

What the court decided

AI extract

Outcome

Release of the petitioner on bail in connection with T.R. No. 47 of 2024 arising out of Rayagada GRPS Case No. 74 of 2024, upon furnishing a bail bond of Rs. 40,000 with one solvent surety for the like amount to the satisfaction of the learned Sessions Judge-cum-Special Judge, Rayagada; conditions include furnishing an undertaking at the local police station to inform them of his whereabouts after release, cooperating in the investigation, and reporting to the IO as and when necessary; release subject to verification and absence of similar antecedent against him; trial court at liberty to impose such other suitable conditions as deemed just and proper.

Issue for consideration

Whether the petitioner should be released on bail under Section 483 BNSS in connection with T.R. No. 47 of 2024 despite a prima facie case involving recovery of commercial quantity of Ganja, given his claim of having no other similar antecedent, his judicial custody since 19.11.2024, and the unlikelihood of the trial commencing and concluding in the near future.

Court's answer

A prima facie case is made out against the petitioner alleging recovery of commercial quantity of Ganja.

Ratio / Principle

Notwithstanding the prima facie case, the Court inclined to grant bail because the petitioner claims to have no other similar antecedent, has remained in judicial custody from 19 November 2024 and, being an outsider (belonging to the State of Gujarat), cannot be detained for long; the objection of the State's AGA was recorded, and the trial was unlikely to commence and conclude in the near future.

Key takeaways

The petition under Section 483 BNSS stands allowed; the petitioner is directed to go on bail in connection with T.R. No. 47 of 2024 arising out of Rayagada GRPS Case No. 74 of 2024, subject to furnishing a bail bond of Rs. 40,000 with one solvent surety for the like amount, with conditions including furnishing an undertaking at the local police station as to his whereabouts, cooperating in the investigation and reporting to the IO as and when necessary, release being upon verification and absence of similar antecedent against him, and the trial court being at liberty to impose further suitable conditions.ratio¶19

Detailed headnote1 paragraphs

Bail — petition under Section 483 BNSS — recovery of 25 Kgs of contraband Ganja from petitioner and another (recovery from petitioner claimed at 15 Kgs), a commercial quantity, in Rayagada GRPS Case No. 74 of 2024, trial pending as T.R. No. 47 of 2024 before the learned Sessions Judge-cum-Special Judge, Rayagada — prima facie case admitted — however, petitioner claimed to be a first-time offender with no other similar antecedent, in judicial custody from 19.11.2024, an outsider belonging to the State of Gujarat who cannot be detained for long, and the trial unlikely to commence and conclude in the near future — State's objection (conscious possession and risk of absconding) recorded — bail allowed with a bond of Rs. 40,000 and one solvent surety, undertaking at the local police station, cooperation in investigation and reporting to the IO, release subject to verification of absence of similar antecedents, and liberty to the trial court to impose further conditions.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 838 of 2025

Harsha @ Harsh Sharma …. Petitioner

Mr. A.K. Sahu, Advocate -Versus-

State of Odisha

…. Opposite Party

Mr. P.K. Ray, AGA

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

18.03.2025

Order No.

Heard Mr. Sahu, learned counsel for the petitioner and Mr. Ray, learned AGA for the State.

Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with T.R. No. 47 of 2024 (arising out of Rayagada GRPS Case No. 74 of 2024) pending in the file of learned Sessions Judge-cum-Special Judge, Rayagada, on the grounds stated.

Upon perusal of the FIR i.e. Annexure-1, the Court finds that 25 Kgs of contraband Ganja was seized from the possession of the petitioner and another. It is claimed that the recovery from the petitioner stands at 15 Kgs. The submission is that the petitioner is a first-time offender having no other similar antecedent and hence, to be released. Mr. Ray, learned AGA for the State opposed such release on the ground that the recovery is from his conscious possession and the petitioner belongs to the State of Gujarat and hence, might abscond in the event, he is granted bail. The circumstances leading to the seizure have been narrated in the FIR.

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Admittedly, a prima facie case is made out against the petitioner alleging recovery of commercial quantity of Ganja. But, having regard to the claim that he is having no other similar antecedent and has remained in judicial custody from 19^th November, 2024, though, an outsider and upon such ground, he cannot be detained for long, recording the objection of Mr. Ray, learned AGA for the State, the Court is inclined to allow him to go on bail with following conditions when the trial is unlikely to commence and conclude in near future. Accordingly, it is ordered.

In the result, the petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to go on bail in connection with T.R. No. 47 of 2024 arising out of Rayagada GRPS Case No. 74 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 Sessions Judge-cumSpecial Judge, Rayagada, 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 furnish an undertaking at the local PS to inform them about his whereabout after being released and at the same time, to cooperate in the investigation and to report the IO as and when necessary. The Court further directs that such release of the petitioner shall be upon verification and absence of similar antecedent against him.

The BLAPL is disposed of.

Issue urgent certified copy as per rules.

(R.K. Pattanaik) Signature Not Verified Digitally Signed Judge Signed by: GAYADHAR SAMALGDS Designation: JOINT REGISTRAR-CUM-PRINCIPAL SECRETARY Reason: Authentication Location: OHC, CUTTACK Date: 19-Mar-2025 11:01:48 Page 2 of 2

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