p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK Kalia Gouda (In BLAPL No.1968 of 2026) Sunil Sabar (In BLAPL No.2984 of 2026) … Petitioners Mr. L. Samantaray, Sr. Advocate along with Mr. S. Mahunta, Advocate (in both these BLAPLs) -versus- State of Odisha … Opposite Party Mr. C. Mohanty, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL):13.07.2026 1 04. 1. Since these two bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties. 2. These are the bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Tumudibandh PS Case No.44 of 2025 corresponding to CT Case No.88 of 2025 pending in the file of learned Additional Sessions Judge-Cum-Special Judge, Balliguda, Kandhamal, for commission of offences punishable U/Ss.20(b)(ii)(C)/25/29 of NDPS Act, on the main allegation of transporting 71Kgs of Contraband Ganja in a Toyota ECS Car bearing Regd. No.OD-18-A-4040. 3. Heard, Mr. Lalatendu Samantaray, learned Senior Counsel appearing along with Mr. Srikanta Mahunta, learned counsel for the petitioners by filing appearance memo, which is taken on record in Court today, and Mr. C. Mohanty, learned Additional Public p. 2 Prosecutor in these matters and perused the record. On being queried about the criminal antecedent of the petitioners, Mr. Samantaray volunteers to withhold bail to the petitioners, if he/they is/are found to have any criminal antecedents of similar nature for commission of offence under NDPS Act. 4. After having considered the rival submissions upon perusal of record, it appears that the petitioners are in custody since 07.04.2025, but in the meantime, 6 out of 21 charge-sheeted witnesses have been examined. This Court, however, has the privilege to go through the evidence of these 6 witnesses who have been examined till today, but none of them have substantially testified against the petitioner. Further, PWs.1 to 3 are the seizure witnesses, but they have not supported the prosecution allegation against the petitioners. It is, however, claimed that the petitioners are not having any criminal antecedent of similar nature. In the aforesaid facts and circumstances and on going through the materials placed on record keeping in view the law laid down by the Apex Court in Ankur Chaudhary v. State of Madhya Pradesh; 2024 SCC OnLine SC 2730 and trial being not yet concluded, the petitioners would be considered to have satisfied the conditions of Section 37 of NDPS Act, if he/they is/are not having any criminal antecedent of similar nature for commission of offences under NDPS Act. 5. For the reasons stated hereinabove and taking into account the pre-trial detention of the petitioners in p. 3 custody, this Court without expressing any view on merit admits each of the petitioners to bail, but subject to verification of their criminal antecedent for similar nature under the NDPS Act. 6. Hence, these two bail applications of the petitioners namely Kalia Gouda (In BLAPL No.1968 of 2026) and Sunil Sabar (In BLAPL No.2984 of 2026) are allowed and each of the petitioners is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) with two solvent sureties for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it. In view of the specific submission as advanced for the petitioners, the benefit of this order shall not be extended to the concerned petitioner(s), if he/they is/are found to have any criminal antecedent of similar nature for commission of offences under NDPS Act. 7. Accordingly, these BLAPLs stand disposed of. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer