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2025 DAILYLAW 67321 (ORI)

KALPANA SAHOO v. STATE OF ODISHA

BLAPL/13163/2024 · 2025-01-07

R K Pattanaik

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.13163 of 2024 Kalpana Sahoo …. Petitioner Mr. P. Beura, Advocate -Versus- State of Odisha …. Opposite Party Mr. P.K. Ray, AGA CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 07.01.2025 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with 2(a) CC Case No.272 of 2024 pending in the file of learned J.M.F.C., Chandikhol corresponding to Dharmasala Excise Station PR No.173 of 2024-25 on the grounds stated. 3. Learned counsel for the petitioner submits that 130 liters of ID liquor kept in a rubber tube and plastic bottles is shown to have been recovered and seized from the possession of the petitioner. It is submitted that the petitioner is having two others excise cases to his credit referring to Annexure-1, such as, the rejection order. 4. Mr. Ray, learned AGA for the State objects to the release of the petitioner since he is having criminal antecedent. 5. From the rejection order i.e. Annexure-1 it is made to suggest that the ID liquor was kept in a rubber tube and two plastic bottles at the time of recovery and it was from the possession of the petitioner. It is revealed further that the petitioner has two more cases of similar nature. Having regard to the above facts and submissions of learned counsel for respective parties and since substantial part of investigation found to be over with the alleged recovery and seizure, the petitioner being a local resident and hence, there is a remote chance of his abscondence from the limits of learned court below, according to the Court, he should therefore be allowed to allow go on bail subject to stringent conditions. 6. Hence, it is ordered. 7. In the result, the petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to be released on bail in connection with 2(a) CC Case No.272 of 2024 arising out of Dharmasala Excise Station PR No.173 of 2024-25 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 J.M.F.C., Chandikhol, who shall impose other conditions as deemed just and proper in the facts and circumstances of the case. 8. The BLAPL is disposed of. 9. Urgent certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge TUDU Designation: Sr. Stenographer