Orissa High Court
Dhanurjaya Hantal vs State Of Odisha ... Opposite Party on 7 February, 2025
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 12047 of 2024
Dhanurjaya Hantal ... Petitioner
Mr. M. Padhy, Advocate
-versus-
State of Odisha ... Opposite Party
Mr. C.R. Swain, AGA
CORAM: JUSTICE V. NARASINGH
ORDER
07.02.2025
Order No.
02. 1. Heard learned counsel for the Petitioner and
learned counsel for the State.
2. The Petitioner is an accused in connection with
Special G.R. Case No.76 of 2022 pending on the file
of learned Sessions Judge-cum-Special Judge,
Malkangiri, Dist-Malkangiri, arising out of Mathili
P.S. Case No.100 of 2022 for commission of
offence alleged under Sections 20(b)(ii)(C)/29 of the
NDPS Act.
3. Learned counsel, on instruction, submits that
except the present BLAPL, no other bail application of
the Petitioner relating to the aforementioned P.S.
case is pending in any other Court.
4. Being aggrieved by the rejection of his
application for bail U/s.483 of BNSS, 2023 by the
learned Special Judge, Malkangiri by order dated
01.10.2024 in the aforementioned case, the present
BLAPL has been filed.
5. This is the fourth journey of the Petitioner to
this Court. Earlier bail applications of the Petitioner
i.e. BLAPL Nos.888 of 2023, 14545 of 2023 and 7588
of 2024 were disposed of by this Court by orders
dated 13.03.2023, 04.03.2024 & 29.08.2024
respectively.
6. It is submitted by the learned counsel that the
Petitioner is in custody since 10.05.2022 on the
allegation of possessing contraband (ganja) to the
tune of 1526 kgs 920 grams.
7. It is submitted by the learned counsel that the
Petitioner was directed to be released on bail by this
Court by order dated 29.08.2024 in BLAPL No.7588 of
2024 subject to verification of criminal antecedent.
8. It is submitted by the learned counsel that
while considering the bail application of the Petitioner
since it came to the fore that the Petitioner is cited as
an accused in three other cases and two of the cases
were pending against the accused, learned Court in
seisin rejected his bail application.
9. On perusal of the order of rejection, it is seen
that the Petitioner was found to be involved in the
following cases.
i) Boipariguda P.S. Case No.30(4) of 2009
(G.R. Case No.185 of 2009).
(ii) Boipariguda P.S. Case No.31 of 2019 (G.R.
Case No.186 of 2009).
(iii) Boipariguda P.S. Case No.32(6) of 2009
(G.R. Case No.187 of 2009).
10. Ex-facie, this Court does not find any infirmity
in the order passed by the learned Court in seisin.
11. It is stated by the learned counsel for the
Petitioner that the Petitioner has been acquitted in all
the said cases and the orders of acquittal are on
record.
12. Learned counsel for the State submits that the
Petitioner is not entitled to be released on bail on two
counts i.e. the Petitioner did not approach this Court
with clean hands and secondly because of specific
developments he should renew his prayer before the
learned Court in seisin.
13. Taking into account that the Petitioner was
released on bail by this Court and the cases which
have been cited as antecedent, the Petitioner has
been acquitted as evident from the judgments on
record, this Court directs the Petitioner to be released
on bail on such terms to be fixed by the learned court
in seisin.
14. Keeping in view the criminal proclivity of the
Petitioner, additionally, it is directed that the
Petitioner shall appear before the jurisdictional police
station once every month on such date and time to
be fixed by the learned Court in seisin till conclusion
of trial. Certification of such appearance shall be
submitted to the Court in seisin.
15. Before releasing, learned Court in seisin is
requested to verify as to whether the Petitioner is
cited as an accused in any other cases apart from the
cases which were reflected in the order of rejection,
which was impugned in the present bail application. If
it comes to the fore that the Petitioner has any
additional criminal antecedents apart from the cases
noted hereinabove, this order shall not be given
effect to.
16. Accordingly, the BLAPL stands disposed of.
17. Urgent certified copy of this order be granted
as per the rules.
(V. NARASINGH)
Judge
Ayesha
Location: High Court of Orissa, Cuttack
