High CourtsSingle Bench

Gobinda Digal @ Govinda Digal vs State Of Odisha

Orissa High Court · Decided on 29 February 2024 · Citation: (2024) 02 OHC CK 0281

HON’BLE JUDGES
S.K. Sahoo, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)(C)
RESULT
Disposed Of
CASE NUMBER
Bail Application No.12097 Of 2023
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

9 paragraphs · 290 words

S.K. Sahoo, J

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 for bail under section 439 of Cr.P.C. in connection with Daringbadi P.S. Case No.40 of 2020 corresponding to C.T. No.10(A) of 2020 pending in the file of learned Special Judge –cum- Addl. Sessions Judge, Balliguda for alleged commission of offence under section 20(b)(ii)(C) of the N.D.P.S. Act.

Considering the submissions made by the learned counsel for the petitioner that the petitioner was taken into judicial custody on 05.10.2023 and his implication is based on the confessional statement of the co-accused made before the police and after hearing the learned counsel for the State, who submitted that there is one criminal antecedent against the petitioner of Magistrate triable offences and keeping in view ratio laid down by the Hon’ble Supreme Court in the case of Tofan Singh -Vrs.-State of Tamil Nadu reported in (2020) 80 OCR (SC) 641, I am inclined to release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court below may deem just and proper including the conditions that the petitioner shall not indulged in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial. Violation of any of the conditions shall entail cancellation of bail.

The BLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules..

.………………………………..