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2025 DAILYLAW 36032 (ORI)

BIKRAM MANDAL v. STATE OF ODISHA

BLAPL/5199/2025 · 2025-08-18

Gourishankar Satapathy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK Bikram Mandal (In BLAPL No. 5199 of 2025) Kumud Biswas @ Chhotu (In BLAPL No.6097 of 2025) … Petitioners Mr. B. Pujari, Advocate (In BLAPL No. 5199 of 2025) Mr. P.K. Maharaj, Advocate on behalf of Mr. A.K. Jena, Advocate (In BLAPL No.6097 of 2025) -versus- State of Odisha … Opposite Party Mr. M.K. Mohanty, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 18.08.2025 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 are bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with M.V. 79 P.S. Case No.124 of 2022 corresponding to Special G.R. Case No.168 of 2022 pending in the file of learned Sessions Judge-cum-Special Judge, Malkangiri, for commission of offences punishable U/Ss. 20(b)(ii)(C) of the NDPS Act, on the allegation p. 2 of attempting to transport 424Kgs 800Grams of Contraband Ganja in a tractor. 4. Heard, Mr. Basudev Pujari, learned counsel for the petitioner in BLAPL No. 5199, Mr. Pranaya Kumar Maharaj, learned proxy counsel appearing on behalf of Mr. Asit Kumar Jena, learned counsel for the petitioner in BLAPL No. 6097 of 2025 and Mr. M.R. Patra, learned Addl. Public Prosecutor in the matter and perused the record. 5. Admittedly, the petitioners are in custody since 28.10.2022, but the trial is yet to be concluded. Besides, one of the co-accused namely Pankaj Mallick has been granted bail by the Apex Court in Crl. Appeal No.3143 of 2025 arising out of Special Leave Petition (Crl) No. 9051 of 2025. In such view of the matter, since one of the co-accused standing on similar footing has already been granted bail by the Apex Court, this Court considers that the conditions of Section 37 of NDPS Act may be dispensed with for the petitioners at this stage, especially when the trial is not yet been concluded even after more than two years nine months custody of the petitioners. 6. For the reasons stated hereinabove and taking into account the custody period of the petitioners and grant of bail to the co-accused person by the Apex Court, this Court without expressing any view on merits, admits each of the petitioners to bail. Page 3 of 3 7. Hence, these two bail applications of the petitioners namely Bikram Mandal (BLAPL No.5199 of 2025) and Kumud Biswas @ Chhotu (BLAPL No.6097 of 2025) stand allowed and each of the petitioners is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) each with one solvent surety 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. 8. Accordingly, these BLAPLs stand disposed of. 9. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge S.Sasmal Designation: Jr. Stenographer