Dillip Kumbhar vs State Of Odisha
2023 Latest Caselaw 4080 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            BLAPL No.3300 of 2023

              Dillip Kumbhar                      ....      Petitioner

                                 Mr. T.K. Sahu, Advocate

                                       -versus-

              State of Odisha                     ....     Opp. Party

                                 Mr. Manoranjan Mishra
                                 Addl. Standing Counsel

                                   CORAM:
                              JUSTICE S.K. SAHOO
                                   ORDER

Order No. 21.04.2023

01. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 439 of Cr.P.C. in connection with Special G.R. Case No.402(A) of 2015 arising out of Titilagarh P.S. Case No.205 of 2015 pending in the Court of learned Additional Sessions Judge -cum- Special Judge, Titilagarh for offence punishable under section 20(b)(ii)(C) of the N.D.P.S. Act.

The prayer for bail of the petitioner was rejected by the learned Additional Sessions Judge -cum- Special Judge, Titilagarh vide order dated 22.02.2023.

// 2 //

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 10.02.2023 and the contraband ganja of commercial quantity in the vehicle was seized from the possession of one Dillip Nayak, who in the meantime, faced trial in the Court of learned Additional Sessions Judge -cum- Special Judge, Titilagarh in G.R. Case No.402 of 2015 and has been acquitted as per the judgment and order dated 20.02.2018, copy of the judgment has been annexed as Annexure-2. Learned counsel further submitted that the petitioner's implication in the case is based on confessional statement of the said co- accused Dillip Nayak and there is no criminal antecedent against him and therefore, the bail application of the petitioner may be favourably considered.

Learned counsel for the State opposed the prayer for bail and submitted that the petitioner was an absconder.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, since the petitioner's implication is based on confessional statement of co-accused and keeping in view the ratio law laid down by the Hon'ble Supreme Court in the case of Tofan Singh -Vrs.- State of Tamil Nadu reported in (2020) 80 Orissa Criminal Reports

// 3 //

641 and the fact that the main accused from whose possession contraband ganja of commercial quantity was seized has been acquitted, I am inclined to release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper subject to conditions that the petitioner shall not indulge in any criminal activities in any manner and he shall appear before the learned trial Court on each date when the case would be posted for trial.

Violation of any terms and conditions shall entail cancellation of bail.

Accordingly, the BLAPL stand disposed of. Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge

RKM