In The High Court of Orissa: Cuttack

IN THE HIGH COURT OF ORISSA: CUTTACK
(Criminal Miscellaneous Jurisdiction)
BLAPL No. ____ /2019
Code No. _________
In the matter of:
An application U/s 439 of Cr.P.C for bail.
In the matter of:
An application arising out of T.R. Case No. 108/19
corresponding to P.R. Case No. 30/ 2019-20 of Exise
District Mobile Malkangiri now pending before the
Learned District and Session Judge cum Special Judge,
Malkangiri.
And
In the matter of:
1. Sumant Mandal, aged about 24 years
S/o Shankar Mandal
Vill- M.V. 69 P.S.- Kalimela
Dist.- Malkangiri
2. Harekrushna Dhali, aged about 23 years
S/o Tapas Dhali
Dist.- Malkangiri
3. Rohit Dhali, aged about 22 years
S/o- Sushil Dhali
Dist.- Malkangiri
4. Prasanjit Ray, aged about 22 years
S/o – Paresh Ray
Dist.- Malkangiri
5. Jabaran Singh, aged about 61 years
S/o – Late Litan Singh
Dist.- Malkangiri
…………………………..Petitioners
(In Jail Custody)
-Versus-
State of Orissa ………………………… Opp. Party
(The matter out of which this Bail application arises was never
before this Hon’ble Court in any form whatsoever as per
instruction received from my client)
To
The Hon’ble Shree Justice K.S. Javeri, B.Sc LLB the Chief
Justice of Orissa High Court and his Lordship Companion
Judges of the said Hon’ble Court.
The humble petition of the
Petitioner named above;

Most Respectfully Sheweth:
1. That on 09.09.2019 FIR was lodged against the petitioners
by one Rudra Madhab Muduli, S.I of Police Malkangiri P.S.
vide P.S case no. 195/2019 was registered for commission
of offence punishable U/s 20(b)(ii)(c) of NDPS Act and said
case is now pending before the Learned District and Session
Judge cum Special Judge, Malkangiri being number as T.R.
Case No. 102/19.
2. That the prosecution allegation as it reveals from the FIR is
that on 27.08.2019 at around 10:30 PM during the course
of MV checking on NH 326 the S.I of Poilce of Malkangiri P.S
detected a White coloured Mahindra Scorpio bearing Redg.
No. OD-10K-0069 with 3 people in it and another Mahindra
Bolero bearing Redg. No. CG-07-F-3417 with 2 people in it.
It is further alleged that seeing the police patrolling the
petitioners tried to run away leaving both the vehicles but
were caught hold off and on checking those vehicles around
208.2 kg of contraband Ganja (with bag 209 KGs) from the
accused person.
The Xerox copy of the PR is filed herewith
as ANNEXURE- 1
3. That the bail application in terms of section 439 CrPC was
moved before the learned court below but the same was
rejected without assigning any sound reason and without
application of judicial mind.
The true copy of rejection order is filed
herewith as ANNEXURE – 2
4. That the petitioners are poor, innocent and law abiding
person. They have no criminal antecedent. They are no way
involved in the crime. The S.I of the Police Malkangiri P.S
has not seized any Ganja from the exclusive and conscious
possession of the petitioners. The petitioners were arrested
on 28.08.2019 and since then he is languishing in jail
custody without any rhyme and reason.
5. That, it is respectfully submitted that except the informant
and his staffs there are no independent witness to the
occurrence. No contraband Ganja was seized from the
possession of the petitioners. That, it is respectfully
submitted that even after accepting the entire allegation
are to be true the basic ingredients to constitute the above
offences are square lacking against the petitioner.
6. That the petitioners are the permanent resident of Orkel P.S
of Malkangiri district and hence there is no chance of
absconding / fleeing from trial. The petitioners are young
men having their bright future ahead, a lenient view be
taken on their bail application.
7. That in the view of the above background the petitioners
prayer for bail deserve sympathetic consideration and they
may kindly be released on bail in any terms and conditions
as deemed just and proper.
PRAYER
The petitioners therefore prayed that in view of the above
mentioned facts and circumstances this Hon’ble Court be
sympathetic and considered to the bail application of the
petitioner and he may kindly be released on bail on any terms
and conditions as the Hon’ble Court thinks fit just and proper.
And for the said act of kindness, the petitioner as in
duty bound shall ever pray.
Cuttack By the petitioner through
Date: Advocate

In The High Court of Orissa: Cuttack

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IN THE HIGH COURT OF ORISSA: CUTTACK

(Criminal Miscellaneous Jurisdiction)

BLAPL No. ____ /2019

Code No. _________

In the matter of:

An application U/s 439 of Cr.P.C for bail.

In the matter of:

An application arising out of T.R. Case No. 108/19

corresponding to P.R. Case No. 30/ 2019-20 of Exise

District Mobile Malkangiri now pending before the

Learned District and Session Judge cum Special Judge,

In the matter of:

1. Sumant Mandal, aged about 24 years

S/o Shankar Mandal

Vill- M.V. 69 P.S.- Kalimela

2. Harekrushna Dhali, aged about 23 years

S/o Tapas Dhali

Vill- M.V. 69 P.S.- Kalimela

S/o- Sushil Dhali

Vill- M.V. 69 P.S.- Kalimela

4. Prasanjit Ray, aged about 22 years

S/o – Paresh Ray

Vill- M.V. 69 P.S.- Kalimela

5. Jabaran Singh, aged about 61 years

S/o – Late Litan Singh

Vill- M.V. 69 P.S.- Kalimela

(In Jail Custody)

State of Orissa ………………………… Opp. Party

before this Hon’ble Court in any form whatsoever as per

instruction received from my client)

Justice of Orissa High Court and his Lordship Companion

Judges of the said Hon’ble Court.

The humble petition of the

Petitioner named above;

1. That on 09.09.2019 FIR was lodged against the petitioners

by one Rudra Madhab Muduli, S.I of Police Malkangiri P.S.

vide P.S case no. 195/2019 was registered for commission

of offence punishable U/s 20(b)(ii)(c) of NDPS Act and said

case is now pending before the Learned District and Session

Judge cum Special Judge, Malkangiri being number as T.R.

Case No. 102/19.

2. That the prosecution allegation as it reveals from the FIR is

that on 27.08.2019 at around 10:30 PM during the course

of MV checking on NH 326 the S.I of Poilce of Malkangiri P.S

detected a White coloured Mahindra Scorpio bearing Redg.

No. OD-10K-0069 with 3 people in it and another Mahindra

Bolero bearing Redg. No. CG-07-F-3417 with 2 people in it.

It is further alleged that seeing the police patrolling the

petitioners tried to run away leaving both the vehicles but

were caught hold off and on checking those vehicles around

208.2 kg of contraband Ganja (with bag 209 KGs) from the

The Xerox copy of the PR is filed herewith

3. That the bail application in terms of section 439 CrPC was

rejected without assigning any sound reason and without

application of judicial mind.

The true copy of rejection order is filed

person. They have no criminal antecedent. They are no way

involved in the crime. The S.I of the Police Malkangiri P.S