IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.13816 of 2025 Gayana @ Ganesh Naik …. Petitioner(s) Mr. Dhirendra Kumar Mohapatra, Advocate -versus- State of Odisha …. Opposite Party(s) Mr. Aurobinda Mohanty, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 05.01.2026 01. 1. Heard. 2. The petitioner is an accused in connection with Sundargarh Town P.S. Case No.289 of 2022 corresponding to Special G.R. Case No.143 of 2022 registered on the allegation of the commission of offences under Sections 21(b)/25/27(A)/29 of NDPS Act pending in the Court of the learned Sessions Judge-cum-Special Judge, Sundargarh. 3. The petitioner had approached the learned court below praying for grant of bail. The learned Court below vide its order dated 11.11.2024 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 483 B.N.S.S, 2023 praying for enlargement on bail. 4. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. 5. The prosecution case, in short, is that on 30.07.2022 at about 3.23 P.M., the accused persons were proceeding on a motorcycle without a registration number, carrying polythene packets containing brown sugar (Tarky) concealed in the carrier of the motorcycle, and were heading towards Bana Durga Temple, Sankara, for the purpose of delivering the same. It is alleged that the I.I.C., Town Police Station, Sundargarh, received reliable information regarding the transportation of brown sugar. Acting upon such information and under his direction, S.I. of Police Dolamani Naik, along with police staff, after observing all official and statutory formalities, proceeded to the spot to conduct a raid. During the raid, the accused persons were detected at the spot and, upon search, 8 grams and 150 milligrams of brown sugar were recovered from their possession. The said contraband was seized in accordance with law, and the accused persons were apprehended. Hence, the F.I.R. 6. Earlier the petitioner had approached this Court by filing BLAPL No.9227 of 2022. The coordinate Bench of this Court vide order dated 19.01.2023 enlarged him on bail with a condition that he shall appear before the learned trial Court on each date of hearing. However, he defaulted in appearing before the learned trial Court. Hence, NBW was issued and subsequently pursuance to the NBW issued by the learned trial Court, the petitioner surrendered before the Court on 22.10.2024 and since then, he is in custody. 7. Learned counsel for the petitioner by drawing my attention to paragraph-4 of the petition submits that the petitioner could not appear before the learned trial Court on 06.03.2024, which led to issuance of NBW because his mother was unwell. For ready reference, paragraph-4 of the petition is reproduced hereunder:- “4. That, as per the condition of the bail order the petitioner shall leave the jurisdiction of the learned trial court without prior permission till completion of the trial and attend the trial court on each date of posting of the case, unless there attendance is dispute with and that the petitioner shall not commit any offence while on bail and that the petitioner shall report attendance before the jurisdictional police station once in a week preferably on Sunday. But on 06.03.2024 as his mother was ill he could not attend the court and his defence counsel has filed a petition u/s 317 of Cr. PC to represent him with a time petition but the court is rejected his said petition and issued NBW against him on the ground that he has violated the bail condition though he voluntarily surrender before this court on 22.10.2024 since then he is in custody, but though he is a local person within the jurisdiction and violate the bail condition of his bail dated 11.04.2023 and not appear before the court on the relevant date, accordingly bail petition is rejected. Net generated copy of the order dated 19.01.2023 and 11.04.2023 are annexed hereunto as ANNEXURE - 3 SERIES.” The learned trial Court rejected the bail plea of the petitioner on the ground that he has flouted the order of this Court by not appearing. 8. Regard being had to the fact that the petitioner has already enlarged on bail but for his default in appearing the Court, NBW was issued and subsequently he was arrested, I am inclined to release him on bail, subject to the following additional conditions:- (i) The petitioner shall appear before the trial Court on each date on which the case is posted for trial without fail. (ii) He shall not leave the jurisdiction of the trial Court till disposal of the trial. Violation of any of the conditions shall entail consideration for cancellation of the bail granted to the petitioner. In the event, any of the bail conditions are violated by the petitioner, the prosecution is given liberty to move appropriate application before the Court below for recalling the concession of bail. If such application is moved, the trial Court should decide the application on its own merit. 9. The BLAPL is accordingly disposed of. (S.S. Mishra) Judge Swarna Designation: Senior Stenographer