p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.5272 of 2025 Vimal Gautam & Anr. … Petitioners Mr. B.R. Tripathy, Advocate -versus- State of Odisha … Opposite Party Mr. P. Satpathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 12.09.2025 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Mr. Biswajit Ranjan Tripathy, learned counsel for the Petitioners appearing virtually, prays to not press the bail application of Petitioner No.2-Bandana Rai, on the ground that she had expired in custody in the meantime and, accordingly, the bail application of Petitioner No.2- Bandana Rai stands disposed of as not pressed. Hence, the present bail application is only confined to Petitioner No.1 namely Vimal Gautam. 3. This is a bail application U/S.483 of the BNSS by the petitioner-1- Vimal Gautam for grant of bail in connection with Boudh PS Case No.228 of 2025 arising out of SC Case No.94 of 2025 pending in the Court of learned Sessions Judge-cum-Special Judge, Boudh, for commission of offences punishable U/Ss. 20(b)(ii)C/29 of the NDPS Act, on the allegation of possessing 20Kgs and 600Grams of Contraband Ganja. Page 2 of 3 4. Heard, Mr. Biswajit Ranjan Tripathy, learned counsel for the petitioner appearing virtually and Mr. P. Satpathy, learned Additional Public Prosecutor in the matter and perused the record. 5. Admittedly the petitioner No.1- Vimal Gautam is detained in custody since 02.05.2025, but charge- sheet is yet to be submitted, however, co-accused Bandana Ray had already expired in the meantime and it was alleged that both of them were carrying contraband article jointly. It is however, claimed that the petitioner Vimal Goutam is not having any criminal antecedent. In the peculiar facts and circumstances of the case, especially when the quantity of contraband ganja is just proximate to commercial quantity, this Court considers that the conditions of Sec.37 of NDPS Act may be dispensed with for the petitioner at this stage, especially when no criminal antecedent of similar nature has been reported till today. 6. For the reason stated hereinabove and taking into account the long custody period of the petitioner and keeping in view the other circumstances on record in entirety, this Court without expressing any view on merits admits the petitioner-1- Vimal Gautam to bail. 7. Hence, the bail application of the petitioner No.1- Vimal Gautam, stands allowed and he is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) only with one solvent surety for the like amount to the satisfaction of the learned Court p. 3 in seisin of the case on such terms and conditions as deem fit and proper by it. The aforesaid order is, however, subject to verification of the criminal antecedent of similar nature of the petitioner and in case, any criminal antecedent of similar nature is found against the petitioner, the benefit of this order shall not be extended to him without seeking leave of the Court. 8. Accordingly, the BLAPL stands disposed of. 9. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Jayakrushna