Research › Search › Judgment

High Court of Orissa · body

2025 DAILYLAW 61333 (ORI)

HITESH KUMAR JANI v. STATE OF ODISHA

BLAPL/10995/2024 · 2025-02-05

R K Pattanaik

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.10995 of 2024 Hitesh Kumar Jani …. Petitioner Mr. B.R. Mohanty, Advocate -Versus- State of Odisha …. Opposite Party Mr. P. Satapathy, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 05.02.2025 03. 1. Heard Mr. Mohanty, learned counsel for the petitioner and Mr. Satapathy, learned ASC for the State. 2. Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with Special Case (NDPS) No.88 of 2024 pending in the file of learned Sessions Judge-cum- Special Judge, Boudh corresponding to Baunsuni P.S. Case No.141 of 2024 on the grounds stated therein. 3. Perused the FIR as at Annexure-1 and rejection order i.e. Annexure-3. 4. Mr. Mohanty, learned counsel for the petitioner submits that four of the accused persons involved in the alleged incident have already been released and therefore, considering the same, the petitioner as equally placed should be allowed to go on bail with similar terms and conditions. Page 2 of 3 5. A copy of the bail order of this Court in BLAPL No.478 of 2025 is at Flag-‘A’. 6. Mr. Satapathy, learned ASC for the State objects the release of the petitioner on bail since commercial quantity of contraband Ganja has been seized from the petitioner. 7. In reply, learned counsel for the petitioner submits that separate seizures have been made and 20 Kgs of Ganja each is shown to have been seized against each of the accused persons including the petitioner. 8. It is informed to this Court by the learned counsel for the petitioner that the petitioner is having no other similar antecedent. The investigation appears to be substantially over with the recovery and seizure having been made from some of the co-accused persons, who, as earlier stated, are on bail. Considering the same and since the petitioner is on equal footing and was found to be in conscious possession of 20 Kgs of Ganja only, this Court is inclined to release him on bail with similar conditions. 9. Hence, it is ordered. 10. In the result, petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to be released on bail in connection with Special Case (NDPS) No.88 of 2024 corresponding to Baunsuni P.S. Case No.141 of 2024 subject to him furnishing a bail bond of Rs.40,000/-(Rupees forty thousand) with one solvent surety for the like amount to the satisfaction of the learned Sessions Judge-cum-Special Judge, Boudh, who shall impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case. Page 3 of 3 11. 11. The BLAPL is disposed of. 12. Urgent certified copy of this order be granted as per rules. Alok (R.K. Pattanaik) Judge Designation: Asst. Registrar-Cum-Senior Secretary