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2025 DAILYLAW 2607 (ORI)

DHANESWAR SAHU v. STATE OF ODISHA

BLAPL/13845/2025 · 2026-02-03

Gourishankar Satapathy

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.13845 of 2025 Dhaneswar Sahu … Petitioner Mr. J.Sahoo, Advocate -versus- State of Orissa … Opposite Party Mr. S.C. Pradhan, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 03.02.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Khurda Model PS Case No.448 of 2025 corresponding to TR Case No.120 of 2025 pending in the file of learned 1st Addl. Sessions Judge-cum-Special Judge under NDPS Act, Khurda for commission of offences punishable U/Ss.21(b)/29 of the NDPS Act, on the main allegation of jointly possessing 30 Grams of Brown Sugar. 3. Heard, Mr. Jyotirmaya Sahoo, learned counsel for the petitioner and Mr. S.C. Pradhan, learned Additional Public Prosecutor in the matter and perused the record. 4. Admittedly, co-accused Somanath Behera @ Chandan Behera who is allegedly found in possession of 20 Grams of Brown Sugar, has already been granted bail by a Coordinate Bench of this Court in BLAPL No. 12896 of 2025, but the Petitioner is in custody since p. 2 18.10.2025. Besides, no criminal antecedent of similar nature has been reported against the Petitioner. In that view of the matter and taking into consideration the nature and gravity of the offence, so also the materials collected by the Investigating Agency and keeping in view the other circumstances on record in entirety including the inherent right of the accused to be presumed innocent until proven guilty at the trial and the quantity of Contraband article allegedly seized in this case being intermediate quantity and, thereby, the provisions of Section 37 of NDPS Act being not attractable, this Court without expressing any view on merit admits the petitioner to bail. 5. Hence, the bail application of the petitioner stands allowed and he is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) only with two solvent sureties each 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. 6. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Priyajit