High CourtsSingle Bench

Budhia @ Sikun Dash vs State Of Odisha

Orissa High Court · Decided on 24 June 2021 · Citation: (2021) 06 OHC CK 0084

HON’BLE JUDGES
B. P. Routray, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 120B, 379, 411 · Wild Life (Protection) Act, 1972 — Section 51
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 1256 Of 2021
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Judgment

14 paragraphs · 234 words

B.P. Routray, J

This is an application under Sec.439 Cr.P.C. for bail and the offences alleged are under Secs.379/411/120-B, I.P.C. and Sec.51 of the Wild Life

(Protection) Act.

Heard learned counsel for the petitioner as well as learned A.S.C. for the State-opposite party.

It is submitted by learned counsel for the petitioner that the petitioner is inside custody since 12.1.2021 and the alleged possession of live Pangolin was

not with the petitioner as per the prosecution case, but with another co-accused. It is also submitted that petitioner was not present at the spot of

detection, but has been entangled on the basis of the statement of co-accused. It is further submitted that the petitioner has no criminal antecedent.

After hearing learned counsel for the State and considering the period of detention of the petitioner inside custody and the materials brought in course

of investigation against the petitioner, it is directed to release the petitioner on bail in connection with STF, CID, CB P.S. Case No.31/2020

corresponding to G.R. Case No.1561/2020 on such terms and conditions to be fixed by the learned J.M.F.C. (City), Cuttack as he deems just and

proper including the condition that the petitioner shall not be involved in any other offence while on bail.

BLAPL is accordingly disposed of.

Copy of this order be uploaded in the High Court’s official website as per Court’s Notice No.4798, dated 15th April, 2021.

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