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2025 DAILYLAW 31497 (ORI)

NILAKANTHA NAYAK v. STATE OF ODISHA

BLAPL/4673/2025 · 2025-09-23

Gourishankar Satapathy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK Nilakantha Nayak & Anr. (In BLAPL No.4673 of 2025) Parbati Maharaj (In BLAPL No.4675 of 2025) … Petitioners Mr. B. Sahoo, Advocate (for both the BLAPLs) -versus- State of Orissa … Opposite Party Mr. R.B. Mishra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 23.09.2025 03. 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 two bail application U/S.483 of BNSS by the petitioners for grant of bail in connection with PR Case No.614 of 2024-25 arising out of 2(a) CC Case No.35 of 2025 pending in the Court of learned Sessions Judge-Special Judge, Cuttack for commission of offences punishable U/Ss. 20(b)(ii)(C)/29 of NDPS Act, on the main allegation of possessing 36Kgs of Contraband Ganja and waiting for bus at Netaji Bus Stand. p. 2 4. Heard, Mr. Biswajit Sahoo, learned counsel for both the petitioners and Mr. R.B. Mishra, learned Additional Public Prosecutor and perused the record 5. Admittedly, the petitioners are in custody since 27.03.2025 and in the meantime, Final PR has already been submitted, but trial is yet to commence. Besides, there no immediate prospect of trial and the petitioners by way of separate affidavit have informed the Court that they are not having any criminal antecedent of similar nature. In view of the peculiar facts and circumstances of the case, especially when there is no immediate prospect of trial, this Court considers that the conditions of Sec.37 of NDPS Act may be dispensed with for the petitioners at this stage. 7. For the reason stated hereinabove and regard being had to the pre-trial detention of the petitioners with submission of PR in the meantime, this Court without expressing any view on merit admit each of the petitioners to bail. 8. Hence, these two bail applications of the petitioners namely Nilakantha Nayak & Anr in BLAPL No.4673 of 2025 and Parbati Maharaj in BLAPL No.4675 of 2025 are allowed and each of the petitioners are 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 p. 3 on such terms and conditions as deem fit and proper by it. 9. Accordingly, these BLAPL Nos. 4673 and 4675 of 2025 stand disposed of. 10. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Jayakrushna