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2025 DAILYLAW 4287 (ORI)

SK. BABULU v. STATE OF ODISHA

BLAPL/10546/2025 · 2026-01-06

Gourishankar Satapathy

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.10546 of 2025 Sk. Babulu … Petitioner Mr. K.Pattanaik, Advocate -versus- State of Odisha … Opposite Party Mr. T.K.Acharya, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 06.01.2026 03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is the bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Madhupatna PS Case No.414 of 2023 corresponding to GR(Special) Case No.35 of 2023 pending in the file of learned 1st Addl. Sessions Judge, Cuttack, for commission of offences punishable U/Ss.21(b) of NDPS Act, on the main allegation of jointly possessing 101.070Grams of Brown Sugar, along with co-accused person. 3. Heard, Mr. Kashinath Pattanaik, learned counsel for the petitioner and Mr. T.K.Acharya, learned Additional Public Prosecutor in the present matter and perused the record. 4. No doubt, the bail application of the petitioner is opposed to on the ground of his involvement in another case of similar nature, but the petitioner is in custody since 17.12.2023, however, only one out of 23 p. 2 charge sheet witnesses has been examined till today as per the report submitted by learned trial Court. The quantity of contraband article seized in this case is not beyond commercial quantity and thereby, the provision of Sec. 37 of NDPS Act is not attractable to the present case at hand. In that view of the matter and taking into account the long drawn trial which is yet to be concluded and keeping in view the inherent right of the accused to be presumed innocent until proven guilty at the trial, this Court without expressing any view on merits 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) 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 in the course of trial shall attend the trial Court on each date of posting without fail unless his/her attendance is dispensed with. In case the Petitioner fail 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. 6. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge kishore