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2025 DAILYLAW 10174 (ORI)

SK.RAFIKUL v. STATE OF ODISHA

BLAPL/452/2025 · 2025-01-21

R K Pattanaik

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 452 of 2025 Sk.Rafikul …. Petitioner Mr. A.R.Panda, Advocate -Versus- State of Odisha …. Opposite Party Mr. P.K.Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 21.01.2025 01. 1. Heard Mr. Panda, learned counsel for the petitioner and Mr. Mohanty, learned ASC for the State. 2. Instant petition under Section 483 of BNSS is filed for release of the petitioner on bail in connection with Nilagiri Excise P.R. Case No.115 of 2024-25 corresponding to Special Case No.314 of 2024 pending in the file of learned Special Judge, Balasore on the grounds stated. 3. Perused the P.R. i.e. Annexure-1 and the rejection order i.e. Annexure-2. 4. Recovery of 10 Kgs. contraband Ganja is shown against the petitioner. It is submitted that the petitioner though is an outsider but having no other antecedent, hence, to be released on bail. 5. A formal objection is received from Mr. Mohanty, learned ASC for the State. 6. Admittedly, that the petitioner is an outsider and belongs to the State of West Bengal. However, having regard to the fact that the custody is since the date of arrest and recording the submission that there is no criminal antecedent pending against him and in view of the fact that less than commercial quantity of contraband Ganja is seized from him, the Court is inclined to release the petitioner on bail subject to following conditions. 7. Accordingly, it is ordered. 8. In the result, the petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to be released on bail in connection with Nilagiri Excise P.R. Case No.115 of 2024-25, corresponding to Special Case No.314 of 2024 subject to him furnishing a bail bond of Rs.25,000/- (rupees twenty five thousand) with one solvent surety for the like amount to the satisfaction of the learned Special Judge, Balasore, who shall impose such other suitable conditions, particularly, to ensure his attendance at the time of enquiry and trial. 9. The BLAPL is disposed of. 10. Urgent certified copy of this order be granted as per rules. kabita (R.K. Pattanaik) Judge