Rabin Tyagi @ Ravin Tyagi vs State Of Odisha .... Opposite Party
2025 Latest Caselaw 3126 Ori

Orissa High Court

Rabin Tyagi @ Ravin Tyagi vs State Of Odisha .... Opposite Party on 30 January, 2025

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                               BLAPL No. 8586 of 2024

            Rabin Tyagi @ Ravin Tyagi                 ....               Petitioner

                                                      Mr. S. Manohar, Advocate
                                          -Versus-

            State of Odisha                           ....          Opposite Party

                                                              Mr. P.K. Ray, AGA
                      CORAM:
                      MR. JUSTICE R.K. PATTANAIK
                                         ORDER

30.01.2025 Order No.

06. 1. Heard Mr. Manhor, learned counsel for the petitioner.

2. Instant petition is filed by the petitioner seeking release of the petitioner on bail in connection with G.R. Case No.90 of 2023 arising out of Malkangiri P.S. Case No.167 of 2023 pending in the file of learned Sessions Judge-cum-Special Judge, Malkangiri on the grounds stated therein.

3. In course of hearing, Mr. Manohar, learned counsel for the petitioner relies on the judgment of this Court in Raghu @ Rahul Rajput Thakur Vrs. State of Odisha AIR Online 2022 ORI 102 to submit that the petitioner is entitled to bail since there has been non-compliance of Sections 42 and 50 of the N.D.P.S. Act as clearly revealed from the FIR i.e. Annexure-1. It is further submitted that the petitioner is having no other antecedent being a helper of the vehicle allegedly intercepted by the local police, lenient view should be taken towards his release and in support of such an argument, Mr. Manohar, learned counsel referred to the orders of the Apex Court in Special Leave to Appeal (Crl.) Nos.1054 of 2024, 5769 of 2022 and 6690 of 2022 in Munna Innus Shaik Vrs. State of Orissa dated 24th April, 2024, Nitish Adhikary @ Bapan Vrs. The State of

West Bengal dated 1st August, 2022 and Dheeraj Kumar Shukla Vrs. The State of Uttar Pradesh dated 25th January, 2023, copies of which have been produced in the Court today.

4. For a reply from the side of the State, hearing of the matter is deferred with a request to Mr. Ray, learned AGA for the State to go through the citations and orders referred to herein above with a final response ready on the next date.

5. List on 11th February, 2025 for orders.

(R.K. Pattanaik) Judge

Rojina

Designation: Junior Stenographer