Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.5625 of 2025
Adarsh Kumar … Petitioner
Mr. S.K. Bhanjadeo, Advocate
-versus- State of Orissa … Opposite Party Mr. T.K. Acharya, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) 23.06.2025
01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is an application U/S.483 of BNSS Act by the petitioner for grant of bail in connection with Rayagada GRPS Case No.76 of 2024 arising out of TR Case No.50 of 2024 pending in the Court of learned Sessions Judge- Cum-Special Judge, Rayagada, for commission of offences punishable U/S. 20(b) (ii) (B) of the NDPS Act, on the allegation of possessing 7 Kgs and 900 grams of Contraband Ganja and trying to transport it. 3. Heard, Mr. Sanjib Kumar Bhanjadeo, learned counsel for the petitioner and Mr. T.K. Acharya, learned Additional Public Prosecutor in the matter and perused the record. 4. After having considered the rival submissions and on going through the material placed on record and regard being had to the pre-trial detention of the Petitioner in custody since 28.11.2024 with submission of
charge-sheet in the meantime and taking into account the other circumstances on record in entirety including the well-recognized principle of bail “bail is the rule, but jail is the exception”, this Court without expressing any view on merit admits the Petitioner to bail. 5. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only 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 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 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.
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. 6. Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules. (G. Satapathy)
Judge Jayakrushna