High CourtsSingle Bench

Ramchandra Adhikari Vs State Of Orissa

Orissa High Court · Decided on 8 January 2024 · Citation: (2024) 01 OHC CK 0048

HON’BLE JUDGES
G. Satapathy, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Odisha Excise Act, 2008 — Section 52(a)
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 14509 Of 2023
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Judgment

14 paragraphs · 348 words

G. Satapathy, J

1.

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2.

This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail arising out of K. Singhpur P.S. Case No. 119 of 2023 corresponding to G.R. Case No.720 of 2023 pending in the Court of learned S.D.J.M., Rayagada for commission of offences punishable under Sections 52(a) of the Odisha Excise Act, on the allegation of possessing 314 Liters of foreign liquor and 31.5 Liters of whisky.

3.

Heard, Mr. K.M.H. Niamati, learned counsel for the petitioner and Mrs. S.R. Sahoo, learned ASC in the matter and perused the record.

4.

After having considered the rival submissions and taking into consideration the nature and gravity of accusations raised against the petitioner and regard being had to the pre-trial detention of the petitioner since 29.10.2023 and taking into account filing of charge sheet in this case, this Court admits the petitioner to bail.

5.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifteen Thousand) with two solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

(i) the petitioner shall not commit any offence while on bail,

(ii) the petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with.

(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case,

(iv) the petitioner shall report attendance before the jurisdictional Police Station once in a fortnight preferably on Sunday in between 10 A.M. to 12 Noon for three(03) months from the actual date of his release from the custody.

The I.I.C. shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.

6.

Accordingly, the BLAPL stands disposed of.

7.

Issue urgent certified copy of the order as per Rules.

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