p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK Ashish Gupta @ Ashsish (In BLAPL No.11636 of 2025) Subhash Soni @ Subhash (In BLAPL No.11824 of 2025) … Petitioners Ms. M. Sahoo, Advocate (for both the petitioners) -versus- State of Orissa … Opposite Party Mr. M.R. Patra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 06.01.2026 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. 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. 3. These are the 2nd bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Titilagarh GRPS No.59 of 2025 corresponding to Special GR Case No.30 of 2025 pending in the file of learned Additional Sessions Judge-cum-Special Judge, Titilagarh, for commission of offences punishable U/S.20(b)(ii)(C) of NDPS Act, on the main allegation of possessing 26.051Kgs of Contraband Ganja. 4. At the outset, Ms. Mohini Sahoo, learned counsel for the petitioners apprises this Court that these are the 2nd bail applications of the petitioners, but no p. 2 bail applications of the petitioners are pending before any other forum except these two. Heard, Ms. Mohini Sahoo, learned counsel for both the petitioners and Mr. M.R. Patra, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioners, Ms. Sahoo volunteers to withhold bail to the petitioners, if they are found to have any criminal antecedents of similar nature for commission of offence under NDPS Act. 5. Admittedly, the petitioners have been detained in custody since 16.06.2025, but in the meantime, charge-sheet has already been submitted, however, the trial is yet to commence and there are 24 charge- sheeted witnesses and, therefore, the trial would take some time. Further, it is claimed that the petitioners are not having any criminal antecedent of similar nature. In the peculiar facts and circumstance of the case, especially when there is no immediate prospect of trial, the petitioners would be considered to have satisfied the conditions of Section 37 of NDPS Act, if they are not having any criminal antecedent of similar nature. 6. For the reason stated hereinabove and taking into account the pre trial detention of the petitioners in custody, this Court without expressing any view on merit admits the petitioners to bail, but subject to verification of their criminal antecedents for similar nature p. 3 7. Hence, these two bail applications of the petitioners namely Ashish Gupta @ Ashsish (In BLAPL No.11636 of 2025) and Subhash Soni @ Subhash (In BLAPL No.11824 of 2025) 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 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. 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. 8. Accordingly, these BLAPLs stand disposed of. 9. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer