Page 1 of 4. IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1985 of 2026 Rekha Routh and another ..... Petitioners Represented by Adv. - Kuldeep Mohanty -versus- State of Orissa ..... Opposite Parties Mr. D.K. Sahoo, AGA CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 22.04.2026 Order No. 01. 1. These matters are taken up through Hybrid mode. 2. Heard learned counsel for the Petitioner as well as learned Additional Government Advocate for the State. 3. The present bail application under Section 483 of BNSS has been filed by the Petitioner for regular bail relating to Nayagarh Sadar P.S. Case No.232 of 2025, corresponding to Spl. G.R. Case No.83 of 2025, pending before the learned Sessions Judge-cum- Special Judge, Nayagarh, for alleged commission of offence punishable under Section 20(b)(ii)(C) of NDPS Act. 4. Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in Page 2 of 4. custody since 15.09.2025. He further contended that the investigation has been completed and the final charge-sheet has been filed in the meantime. Further, referring to the allegations made in the P.R., learned counsel for the Petitioner submitted that keeping in view the quantity of ganja seized, i.e., 21 kg 700 grams was recovered from exclusive and conscious possession of the Petitioner. Further, it is contended that the bar under Section 37 of the N.D.P.S. Act is not attracted to the facts of the case of the present Petitioner. He further submitted that the Petitioner does not have any criminal antecedent. He further contended that since the Petitioner does not belong to the State of Odisha, he is ready and willing to abide by any terms and conditions as this Court deems fit and proper in the facts and circumstances of the case. 5. Learned Additional Government Advocate on the other hand opposed the bail application of the Petitioner on the ground that such cases are increasing day-by-day and no leniency should be shown to the petitioner. He further submitted that the Petitioner does not belong to the State of Odisha, therefore, release of the Petitioner be difficult to ensure the appearance of the Petitioner before the trial Court during trial. In such view of the matter, he submitted that the bail application of the Petitioner be rejected at this juncture. 6. Having heard the learned counsels appearing for the respective parties and on a careful examination of the surrounding facts and circumstances of the present case, further keeping in view the period of detention of the Petitioner in jail custody, and the fact that the Petitioner does not have any criminal antecedent, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions. Page 3 of 4. 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 learned court in seisin over the matter subject to the following terms and conditions: I) The Petitioner shall also file an affidavit before the Trial Court with regard to his residential details other details like Aadhar No., Phone No. before the jurisdictional police station & further release of the Petitioner shall be subject to verification of such details as would be furnished by any relative of the Petitioner in the 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; 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 P.M. till conclusion of the trial; VI) he shall not leave the jurisdiction of the Court in seisin over the matter; Violation of any of the terms and conditions shall entail cancellation of bail. 8. It is further directed that the bail granted to the Petitioner be Page 4 of 4. subject to the condition that the court below shall verify the criminal antecedent of the Petitioner. In the event it is found that the Petitioner is having any criminal antecedent, then this bail order shall automatically stand revoked. 9. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy as per Rules. ( Aditya Kumar Mohapatra ) Judge S.K. Rout