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Supreme Court of India 2024-01-19 dismissed

KUSHA DURUKA vs THE STATE OF ODISHA

Bench: 2 — Vikram Nath, Rajesh Bindal

In Brief

The appellant was arrested on narcotics charges and filed multiple bail applications without disclosing to the High Court that his first bail application had been rejected or that a Supreme Court petition was pending. The High Court granted his second bail application on grounds of parity with a co-accused. The Supreme Court held this amounted to fraud upon the court and abuse of process through suppression of material facts. The Court dismissed the appeal and imposed token costs, directing systemic reforms: bail applications must mandatorily disclose all earlier applications and pending proceedings, the registry must attach reports on all bail applications in the same case, and investigating officers and state counsel must inform courts of multiple applications to ensure consistency and prevent abuse.

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Criminal Procedure Bail Suppression of Facts Abuse of Process Narcotic Drugs and Psychotropic Substances Act Court Administration Conduct of Parties Fraud on Court Judicial Integrity

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