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IN THE HIGH COURT OF ORISSA AT CUTTACK
V.NARASINGH
Vikash Kumar – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. circumstances of the bail application. (Para 2 , 3 , 4) |
| 2. arguments relating to petitioner’s implications. (Para 5 , 6 , 14) |
| 3. investigation challenges and its implications. (Para 12 , 13 , 15) |
| 4. judicial principles regarding bail and custody. (Para 16 , 18) |
| 5. order and conditions for bail. (Para 19 , 20 , 21) |
JUDGMENT :
V. NARASINGH, J.
1. Heard Mr. M. Kanungo, learned Senior Counsel for the petitioner and Mr. S.K. Nayak, learned Additional Government Advocate for the State.
2. The petitioner is an accused in connection with G.R. Case No.1168 of 2022, pending in the file of the learned S.D.J.M.(S), Cuttack, arising out of Purighat P.S. Case No.221 of 2022 for alleged commission of offences under Sections 420/336/483/486/34/326/465/467/471/120-B of IPC .
3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cum- Special Judge, Cuttack, by order dated 10.01.2023 in the aforementioned case, the present BLAPL has been filed.
4. Petitioner was taken into custody from Patna, Bihar on 06.12.2022 on the accusation that he supplied spurious drugs “TELMA-40” and “TELMA-AM” to one Rahul Ku. Kyal of M/s.V.R. Drug
Accusation of spurious drug supply does not justify continued detention when investigation stalls; bail is a right and should be granted on established principles of parity.
Successive bail applications require material change in circumstances; parity bail granted on unchallenged co-accused releases due to trial delay, overriding prior rejections without reviewing merits....
The court may grant bail based on the quantity of contraband, the accused's family circumstances, and their willingness to abide by bail conditions.
The court held that delays in trial can justify bail, emphasizing that the presence of the accused during proceedings is paramount, balancing the seriousness of the offence against procedural delays.
In matters of personal liberty, meticulous adherence to procedural timelines should not compromise the accused's right to default bail, especially after the statutory period for charge sheet filing h....
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