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1953 DAILYLAW 95 (ORI)

MANIKAVASAGAN RAMAN v. STATE OF ODISHA

BLAPL/1953/2026 · 2026-04-22

Aditya Kumar Mohapatra

body1953

Judgment text

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Page 1 of 5. IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1953 of 2026 Manikavasagan Raman ..... Petitioner Represented By Adv. – Mr. Bijaya Kumar Ragada -versus- State of Odisha ..... Opposite Party Represented By Adv. – Smt. Sasmita Nayak, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 22.04.2026 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the materials placed before this Court. 3. The present bail application under Section 483 of BNSS, 2023 has been filed by the Petitioner for regular bail in connection with T.R. Case No.02 of 2026, arising out of Rayagada G.R.P.S. P.S. Case No.04 of 2026, pending in the court of learned Special Judge, Rayagada, for alleged commission of offences punishable under Section 20(b)(ii)(B)/29 of N.D.P.S. Act. Page 2 of 5. 4. It is submitted by the learned counsel for the Petitioner that the Petitioner is languishing in jail custody since 21.01.2026. He further submitted that as per F.I.R., a total quantity of 8 Kgs. 240 Gms. of contraband Ganja was recovered from the possession of the Petitioner. He further contended that since the seized contraband Ganja is less than the commercial quantity, the bar under Section 37 of the N.D.P.S. Act would not be attracted to the facts of the present case. He further submitted that although the investigation was progressed substantially in the meantime, charge sheet has not been filed. He further contended that although the Petitioner does not belong to State of Odisha, however, he is ready and willing to abide by any stringent terms and conditions that would be imposed by this Court in the event he is released on bail. 5. Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, opposed the release of the Petitioner on bail on the ground that allegation made against the Petitioner is serious in nature. He further contended that the investigation is still on. He further contended that in the event the Petitioner is released on bail, there is every possibility that he might abscond from justice which would eventually cause delay in conclusion of the investigation as well as delay in filing of the charge sheet. He further submitted that the cases of illegal transportation of contraband Ganja are on rise in Page 3 of 5. State of Odisha now-a-days. Therefore, no leniency should be shown to the accused persons who are involved in such type of offence. In such view of the matter, it is submitted that the prayer for bail of the Petitioner be rejected at this juncture. 6. Having regard to the submissions made by the learned counsels appearing for the respective parties and on a careful examination of the materials on record and also taking into consideration the quantity of contraband Ganja, the bar under Section 37 of the N.D.P.S. Act would not be attracted to the facts of the present case, this Court is inclined to release the Petitioner on bail. 7. Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.40,000/-(Rupees forty thousand) with two local solvent sureties each for the like amount to the satisfaction of the court in seisin over the matter. Further, the release of the Petitioner shall also be subject to the following condition:- I) He shall file an affidavit before the trial court indicating therein his residential details and other details like Aadhar number, mobile phone number before the jurisdictional police station and his release shall be subject to verification of the aforesaid details and such details as would be furnished by any of his relative in the Page 4 of 5. shape of an affidavit; II) he shall not be involved in any offence of similar nature while on bail; III) he shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever; IV) he shall not make any default in attending the court during trial on each date without fail; and V) he shall appear before the concerned Police Station once in a fortnight, preferably on 'Sunday’ in between 10.00 A.M to 1.00 PM., for a period of three months and thereafter once in a month till conclusion of the trial. Violation of any of the aforesaid terms and conditions shall entail cancellation of bail. 8. It is open to the Court in seisin over the matter to impose any other conditions as may be deemed just and proper. 9. It is further directed that the bail granted to the Petitioner is subject to the condition that the court below shall verify whether the Petitioner has any criminal Page 5 of 5. antecedent of similar nature. In the event it is found that the Petitioner is having any criminal antecedent of similar nature, then this bail order shall automatically stand revoked. 10. The BLAPL is, accordingly, disposed of. Issue urgent certified copy of this order as per Rules. ( Aditya Kumar Mohapatra) Judge Debasis