Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.6457 of 2025
Pradip Das
… Petitioner
Mr. J.K. Panda, Advocate
-versus- State of Odisha … Opposite Party Mr. M.K. Mohanty, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) 17.07.2025
01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Sonepur PS Case No.93 of 2022 arising out of GR Case No.23 of 2022 pending in the Court of learned District and Sessions Judge-Cum-Special Judge, Sonepur, for commission of offence punishable U/S. 20(b)(ii)(C)/ 25/ 29 of the NDPS Act, on the allegation of transporting 72Kgs 490Grams of contraband ganja in a Tata Indica Car bearing Regd. No.OR-31-2311. 3. Heard, Mr. Jugala Kishore Panda, learned counsel for the petitioner and Mr. M.K. Mohanty, learned Additional Public Prosecutor in the matter and perused the record. 4. Admittedly, the petitioner was neither apprehended from the spot nor was any contraband article recovered from his exclusive possession. Page 2 of 3
Moreover, the person against whom the main allegation of transporting contraband article in the car is directed, has already been granted bail by a co-ordinate Bench of this Court in BLAPL No.7061 of 2023. However, the petitioner is in custody since 18.04.2025 and charge- sheet has already submitted in this case. Further, the State has not reported any antecedents against the petitioner. In the circumstance, this Court considers that the conditions of Section 37 of NDPS Act may be dispensed with for the petitioner at this stage. 5. For the reason stated hereinabove and taking into account grant of bail to principal account, this Court without expressing any view admits the petitioner to 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 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 and,
(iv) the petitioner shall report attendance before the Jurisdictional Police Station 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 I.I.C. of Jurisdictional Police Station shall not detain the petitioners 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 any 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