Basanta Kumar Mohanty Vs State of Odisha

Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with Malkangiri P.S. Case No.416 of 2024 corresponding to Special G.R. Case No.111 of 2024 pending in the file of learned District & Sessions Judge-cum-Special Judge, Malkangiri on the grounds stated therein.

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Gone through the FIR as at Annexure-1, which reveals that commercial quantity of contraband Ganja was recovered. Such recovery has been made in presence of the petitioner and coaccused persons. In course of hearing, Mr. Das, learned counsel for the petitioner submits that one of the co-accused persons, namely, Basanta Padiami was escorting and caught at the spot allegedly the

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co-partner of the petitioner is claimed to have confessed before the Police. It is further submitted by Mr. Das, learned counsel that the petitioner has no other similar antecedent except the present case and while claiming so, he produced a copy of the chargesheet dated 20^th December, 2024. A copy of the common order dated 24^th February, 2025 vide BLAPL Nos.6659 of 2024 and 10825 of 2024 is also produced by Mr. Das, learned counsel with the submission that the petitioner is similarly situated and hence, he should be extended parity.

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Mr. Satapathy, learned ASC for the State, on the other hand, seriously opposed such release of the petitioner on the ground that commercial quantity of Ganja, while being transported in a pick-up van was recovered and seized and it was with his involvement and others.

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In fact, the co-accused, namely, Basanta Padiami was driving the motorcycle and he was intercepted by the police on the spot and thereafter, the recovery and seizure was made and by then, the petitioner was travelling in another vehicle in which the contraband Ganja was being transported. There has been disclosure made by the petitioner and involvement of the co-accused and both have been implicated on the basis of such claim, however, having regard to the fact that investigation has been concluded in the meantime including the co-accused persons are on bail vide BLAPL Nos. 6659 of 2024 and 10825 of 2024 and in absence of any similar antecedent against the petitioner so revealed from a copy of the chargesheet, recording the objection of Mr. Satapathy, learned ASC for the State, this Court is inclined to allow the petitioner to go on bail with stringent conditions.

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Hence, it is ordered.

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In the result, the petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to be released on bail in connection with Malkangiri P.S. Case No.416 of 2024 corresponding to Special G.R. Case No.111 of 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 learned District & Sessions Judge-cum-Special Judge, Malkangiri, 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 PS concerned even though the investigation is concluded and continue to do so, at least for a period of six months and to furnish an undertaking at the local PS not to involve himself in any such similar criminal activities, while on bail.

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8. The BLAPL is disposed of.

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

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Alok (R.K. Pattanaik) Judge

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Signature Not Verified

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Digitally Signed Signed by: ALOK RANJAN SETHY Reason: Authentication Location: ORISSA HIGH COURT Date: 20-Mar-2025 12:23:50

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Basanta Kumar Mohanty v. State of Odisha

Case brief

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Basanta Kumar Mohanty v. State of Odisha

Case brief

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