Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.4815 of 2025
Rama Gurla
… Petitioner
Mr. S. Das, Advocate
-versus- State of Orissa … Opposite Party Mr. P. Satpathy, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) 25.06.2025
01.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. This is the application U/S.483 of BNSS by the petitioner for grant of bail in connection with Bhubaneswar Bargarh PS Case No.447 of 2024 arising out of CT (Spl.) Case No.66 of 2024 pending in the Court of learned Sessions Judge Bargarh, for commission of offences punishable U/S. 132/ 121(1)/ 121(2)/ 109/ 276/ 277/ 3(5) and r/w Section 21(b)/ 29 of the NDPS Act, on the allegation of assisting the co-accused persons transporting cough syrups containing contraband substance.
3. Heard, Mr. Sidhartha Das, learned counsel appearing for the petitioner and Mr. P. Satpathy, learned Additional Public Prosecutor in the matter and perused the record. p. 2
4. It is however, borne out from the record that the present petitioner was neither apprehended from the spot nor was found with conscious possession of any contraband article, but allegation has been made against the petitioner for transportation of Cough Syrup containing contraband substance. Further the petitioner is in custody since 13.04.2025, but in the meantime charge-sheet has been submitted and numbers of co- accused have been granted bail.
5. In view of the above facts and after having considered the rival
submissions and taking into
consideration the materials placed on record, the petitioner having found to have satisfied the conditions of Section 37 of NDPS Act be released on bail.
6. Hence, the bail application of the petitioner stands allowed and the petitioner 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 with following conditions:-
(i) the petitioner shall not commit any offence while on bail,
(ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned p. 3 trial Court may proceed against the Petitioner for offence U/S.269 of BNS,2023 in accordance with law,
(iii) the petitioner shall not leave the territorial jurisdiction of the trial Court without prior permission till disposal of the case by intimating his present address of stay to the concerned Court,
(iv) the petitioner shall report attendance before the IO once in a fortnight preferably on a Sunday in each month in between 10 A.M. to 12 Noon for six (06) months from the actual date of release from the custody.
The IO shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.
It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for any offence under NDPS Act on prima facie accusations may be treated as a ground for cancellation of bail in this case.
7. Accordingly, the BLAPL stands disposed of.
8. Issue urgent certified copy of the order as per Rules.
(G. Satapathy)
Judge
Jayakrushna