IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1461 of 2025 Ram Phal …. Petitioner Mr. Soubhagya Kumar Dash, Advocate -versus- State of Odisha …. Opposite Party Mrs. Usharani Padhi, ASC CORAM: JUSTICE SANJAY KUMAR MISHRA Order No. ORDER 15.04.2025 01. This matter is taken up through hybrid mode. 2. The Petitioner is an accused in connection with G.R. Case No.40 of 2023 pending in the Court of learned Sessions Judge-cum-Spl, Judge, Gajapati, Paralakhemundi, arising out of Adava P.S. Case No.66 of 2023 for commission of alleged offence under Section 20(b)(ii)(C) of NDPS Act. 3. Being aggrieved by the rejection of his application for bail U/s.437 of Cr.P.C. by the learned Sessions Judge-cum-Spl, Judge, Gajapati, Paralakhemundi by order dated 21.01.2025 in the aforementioned case, the present BLAPL has been filed. 4. Heard Mr. Dash, learned Counsel for the Petitioner so also Mrs.Padhi, learned ASC for the State. 5. A query being made, learned Counsel for the Petitioner, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. Case is pending in any other Court. 6. Learned Counsel for the Petitioner submits that earlier the Petitioner had approached this Court in BLAPL No.11883 of 2023, which stood disposed of. Though the coordinate Bench was not inclined to release the Petitioner on bail at that stage and rejected the prayer for bail, the learned trial Court in seisin was requested to make an endeavour to dispose of the trial expeditiously. 7. Learned Counsel for the Petitioner further submits, though there are 15 prosecution witnesses, till date only 4 prosecution witnesses have been examined by the trial Court and the Petitioner is in custody since 23.04.2023. That apart, the Petitioner has no criminal antecedents. 8. Learned Counsel for the Petitioner further submits, despite request made by this Court, since the trial has not substantially progressed and the Petitioner is in prolonged incarceration, in view of the settled position of law as held in Satender Kumar Antil Vs. Central Bureau of Investigation and Another reported in (2022) 10 SCC 51, Rabi Prakash Vs. the State of Odisha reported in 2023 LiveLaw (SC) 533, Dheeraj Kumar Shukla Vs. State of Uttar Pradesh reported in 2023 SCC Online SC 918, Mohd. Muslim Alias Hussain Vs. State (Nct of Delhi) reported in 2023 SCC Online SC 352, the Petitioner should be released on bail on such terms and conditions as this Court deems just and proper. 9. Learned Counsel for the State opposes to such prayer for bail on the ground that the article-ganja seized is of commercial quantity of around 124 kg 400 grams and in earlier occasion the bail petition of accused person was rejected by this Court. 10. As is revealed from order dated 07.12.2023 passed in BLAPL No.11883 of 2023, despite request made by this Court for expeditious trial, as it seems from the impugned order passed by the learned Trial Court, out of 15 prosecution witnesses, only 4 witnesses have been examined till date. 11. Considering the submission made by the learned Counsel for the respective parties and taking into consideration the period of detention of the Petitioner in judicial custody, this Court is inclined to release the Petitioner on bail on such terms and conditions to be fixed by the learned trial Court in seisin over the matter. 12. While releasing the Petitioner on bail, learned trial Court in seisin shall verify the criminal antecedent of the Petitioner of similar nature. If it comes to fore that the Petitioner is having any such criminal antecedents of similar nature, this order shall not be given effect to. 13. Additionally, it is directed that Petitioner shall appear before the jurisdictional police station once in every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial and shall also remain present before the trial Court on each date to which the matter would be posted for trial and cooperate with the Court below for expeditious trial of the case. Certification of such appearance before jurisdictional police station shall be submitted to the Court in seisin. 14. Accordingly, the BLAPL stands allowed and disposed of. 15. Urgent certified copy of this order be granted on proper application. Mona (S.K. Mishra) Judge