Kuno v. State of Odisha CORAM
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL NO. 6467 of 2024 Sk. Taisim @ Kunal @ Kuno Petitioner Mr. Amlan Shakti Paul, Advocate Vs. State of Odisha CORAM: Opp. Party Mr. S.S. Mohapatra, ASC JUSTICE SAVITRI RATHO ORDER 31.08.2024 (Through hybrid mode) Order No. 03. 1. This is the third application of the petitioner under Section 439 of Cr.P.C. in connection with Khordha Model P.S. Case No. 448 of 2023 corresponding to T.R. Case No. 70 of 2023 pending in the court of the learned 1st Additional Sessions Judge -cum- Special Judge, under NDPS Act, Khordha where preliminary charge sheet has been filed against the petitioners and one Chittaranjan Sahoo for commission of the offences punishable under Section 21(c), 29 of the NDPS Act, keeping investigation open. 2. BLAPL No. 876 of 2024 filed by the petitioner earlier had been withdrawn on 20.02.2024 granting him liberty to move the learned court below for bail afresh after completion of investigation. Page 1 of 6 BLAPL No. 2363 of 2024 filed by the petitioner earlier had been disposed of on 02.05.2024 by a common order along with BLAPL No. 1923 of 2024 filed by co-accused Anil Kumar Biswal and BLAPL No. 1653 of 2024 filed by co-accused Sarathi Nayak. Vide the said order, considering the age of co-accused Anil Kumar Biswal who had no criminal antecedents and as the brown sugar has not been seized from him, his prayer for bail had been allowed. But the prayer for bail of the petitioner- Sk. Taisim @ Kunal @ Kuno had been rejected as he had a number of criminal antecedents but he had been granted liberty to move the learned court below for bail afresh in case there is delay in completion of the trial. 3. There is a typographical error in paragraph-7 of the common order dated 02.05.2024 passed in BLAPL No.1923 of 2024, BLAPL No.1653 of 2024 & BLAPL No.2363 of 2024, where it has been typed that liberty is granted to the petitioner to move for bail, in case there is delay in completion of trial. 4. Perused the report dated 29.08.2024 of the learned 1st Addl. District and Sessions Judge-cum-Special Judge under NDPS Act, Khordha where he has stated that the UTPs namely Kani Behera, Sarathi Nayak, Chitta Ranjan Sahoo @ Chitta, Anil Kumar Biswal and Sk.Taisim @ Kunal @ Kono have been chargesheeted under Page 2 of 6 Section 21 (c)/29 of the NDPS Act on 13.01.2024 showing accused Kani Behera as an absconder and the cognizance of the said offences has been taken on the same day. Accused Anil Kumar Biswal in
Legal Reasoning
obedience to the order passed by this Court in BLAPL No.1923 of 2024 has been released on bail on 08.05.2024. On 18.05.2025 (sic 2024), N.B.W. has been issued to Kani Behera to procure his attendance but as the N.B.W. has not been executed, the case has been split up and it had been posted to 30.08.2024 for supply of PP and consideration of charge against the accused-Sarathi Nayak, Chitta Ranjan Sahoo @ Chitta and Anil Kumar Biswal and Sk.Taisim @ Kunal @ Kono. 5. Mr. A. S. Paul, learned counsel for the petitioner submits that the prosecution allegation is that the petitioner, Anil Kumar Biswal and Chittaranjan Sahoo along with the main accused Sarathi Nayak were found outside the house of Sarathi Nayak and 300 grams of brown sugar was recovered from the possession of co-accused Sarathi Nayak. But in view of the case of the prosecution that the brown sugar in question was recovered from under the shirt of Sarathi Nayak, there was no way the petitioner could have known that Sarathi Nayak was in possession of brown sugar. He further submits that there is no material connecting the petitioner with the Page 3 of 6 brown sugar seized from the co-accused Sarathi Nayak other than his presence outside the house of the petitioner. His further submission is that merely because the petitioner was standing outside the house with the main accused, it cannot be presumed that he was involved in business of supply of brown sugar. His final submission is that the petitioner is in custody since 18.07.2023 and in view of the fact that the trial has not yet started, his prayer for bail may be allowed as co-accused Anil Kumar Biswal standing on the same footing has been released on bail. He also submits that the criminal antecedents of the petitioner do not relate to any offence under the NDPS Act. 6. Mr. S.S. Mohapatra, learned Additional Standing Counsel opposes the prayer for bail stating that the petitioner was found in the company of the main accused Sarathi Nayak from whom the commercial quantity of brown sugar has been seized, for which Section 37 of the NDPS Act will be a bar for considering his prayer for bail. He further submits that the petitioner has a number of criminal antecedents for which his prayer for bail had earlier been rejected and hence the present application of the petitioner is not maintainable and is liable to be rejected. Page 4 of 6 7. Considering the nature of allegations against the petitioner and as the brown sugar in question has been recovered from under the shirt of Sarathi Nayak as the witnesses examined under Section 164 of the Cr.P.C. have stated that the petitioner and co-accused Anil Kumar Biswal were standing with the main accused outside his house, co-accused Anil Kumar Biswal has been released on bail and as trial in the case has not yet been started and charge had not been framed in the case till 30.08.2024, I am inclined to allow the prayer for bail of the petitioner, subject to verification that the petitioner does not have any criminal antecedents under the NDPS Act or the Excise Act or any allegation relating to possession/ transportation/ sale of cough syrup. 8. The petitioner- Sk. Taisim @ Kunal @ Kono shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter subject to verification of the the criminal antecedents of the petitioner as described in the previous paragraph, including the following conditions: (i) He will not indulge in any criminal activity while on bail. (ii) He will not tamper or try to influence prosecution Page 5 of 6 witnesses while on bail. (iii) He will report before the Khordha Model Police Station twice a month preferably on a Sunday between 4.00 p.m. to 5.00 p.m. for a period of six months or till completion of trial, whichever is earlier. (iv) He will remain present in the trial Court on each date it if fixed for trial unless his appearance is dispensed with by the learned trial Court on any particular day. 9. Violation of any condition will entail in cancellation of bail/ recall of this order. Failure of the IIC, Madhupatna Police Station to report non-compliance will be construed to be non-compliance of this order.
Decision
10. The BLAPL is accordingly disposed of. 11. Urgent certified copy of this order be granted on proper application. 12. Copy of this order be supplied to Mr. B.K. Ragada, learned Additional Government for onward transmission to the IIC, Khordha Model Police Station. (Savitri Ratho) Judge puspa Signature Not Verified Digitally Signed Signed by: PUSPANJALI MOHAPATRA Reason: Authentication Location: Orissa High Court Date: 12-Sep-2024 18:35:52 Page 6 of 6