Orissa High Court
Kanha Naik @ Kanha Nayak vs State Of Odisha .... Opposite Party on 28 November, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 8669 of 2023
Kanha Naik @ Kanha Nayak .... Petitioner
Mr. A.S. Paul, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. K.K. Gaya, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
28.11.2023 Order No.
05. 1. Heard learned counsel for the Petitioner and learned counsel for the State.
2. The petitioner is an accused in connection with T.R. Case No.50 of 2023, pending in the Court of learned 1st Additional Sessions Judge-cum-Special Judge under NDPS Act, Khordha, arising out of Khordha Model P.S. Case No.271 of 2023 for commission of alleged commission of offences under Section 21(b)/29 of the NDPS Act.
3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge under NDPS Act, Khurda by order dated 27.07.2023 in the aforementioned case, the present BLAPL has been filed.
4. It is submitted by the learned counsel that the petitioner along with co-accused are in custody since 04.05.2023 on the accusation of possessing contraband (brown sugar) to the tune of 50 grams allegedly seized from a house.
Page 1 of 35. It is submitted by the learned counsel that even if the entire case of the prosecution is accepted at its value, there is no seizure from the conscious possession of the Petitioner and in this context, he relies on the order of this Court relating to the co-accused, Tofani Behera who was released on bail by order dated 14.07.2023 in BLAPL No.5203 of 2023.
6. Paragraph-5 of the order relating to the co-accused which has relevance is extracted hereunder:-
"It is borne out from the charge sheet that there was seizure of brown sugar to the tune of 20 grams from the possession of present petitioner and 30 grams from one Sanjay Kumar Sahoo."
7. Learned counsel for the State opposes the prayer for bail and submits that in view of the criminal antecedents of the Petitioner, which is fortified by the affidavit filed at his behest, he ought not to be released on bail since one of the criminal antecedents is similar in nature.
8. The affidavit indicating criminal antecedents of the Petitioner is extracted hereunder:-
(i) Model P.S. Case No.220, dtd.03.06.2021, U/s.457/380 I.P.C.
(ii) Model P.S. Case No.51, dtd.08.02.2021, U/s.399/402/186/353/294/506 I.P.C. read with Section 25 Arms Act.
(iii) Model P.S. Case No.193, dtd.12.06.2020, U/s.341/323/325/307/294/379/506/34 I.P.C.
(iv) Model P.S. Case No.61, dtd.10.05.2020, U/s.341/323/427/506/34 I.P.C. read with Section 3 & 4 of Explosive Substances Act.
(v) Model P.S. Case No.405, dtd.11.10.2016, U/s.457/380 I.P.C.
Page 2 of 3(vi) Baghamari P.S. Case No.194 of 2022 corresponding to T.R. Case No.128 of 2022, U/s.21(b)/29 of NDPS Act.
9. Considering the nature of accusation and release of the co- accused, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
10. Before releasing, learned Court in seisin is requested to verify as to whether the Petitioner has any additional criminal antecedent other than the ones referred to hereinabove. If it comes to the fore that the Petitioner has any additional criminal antecedent of any nature other than the ones referred to hereinabove, this order shall not be given effect to.
11. Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station twice every week 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 learned Court in seisin.
12. Accordingly, the BLAPL stands disposed of.
13. Urgent certified copy of this order be granted as per the rules.
(V. NARASINGH) Judge Ayesha Signature Not Verified Digitally Signed Signed by: AYESHA ROUT Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 30-Nov-2023 14:52:17 Page 3 of 3