BIJAYA KUMAR PASAYAT @ BIJAYA PASAYAT v. STATE OF ODISHA
BLAPL/6727/2025 · 2025-07-18
Gourishankar Satapathy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 43360 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 43360 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.6727 of 2025
Bijaya Kumar Pasayat @ Bijaya Pasayat
… Petitioner
Mr. S.K. Jena, Advocate
-versus- State of Odisha … Opposite Party Mr. R.B. Mishra, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) 18.07.2025
01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Ambabhona PS Case No.46 of 2025 corresponding to CT Special Case No.12 of 2025 pending in the file of learned District and Sessions Judge-cum-Judge, Special Court, Bargarh, for commission of offences punishable U/Ss.21(c)/29, on the allegation of possessing 325 numbers of 100ml bottles of Eskuf Cough Syrup and 270 numbers of 100ml bottles of Wincerex Cough Syrup containing total 119Grams of Codeine Phosphate. 3. Heard, Mr. Sarat Kumar Jena, learned counsel for the petitioner and Mr. R.B. Mishra, learned Additional Public Prosecutor in the matter and perused the record. 4. After having considered the rival submissions and taking into consideration the nature and gravity of the offence as alleged against the petitioner vis-a-vis the p. 2 accusations sought to be brought against him and on going through the materials placed on record and regard being had to the pre trial detention of the petitioner in custody since 10.03.2025 with submission of charge- sheet in the meantime and taking into account the other circumstances on record in entirety including the right of the accused to be presumed innocent until proven guilty, this Court without expressing any opinion on merits of the case, 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.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.229-A of IPC 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 and p. 3 (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 his release from the custody. The I.I.C. of Jurisdictional Police Station shall not detain the petitioner 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 offence under NDPS Act on prima facie accusations may be treated as a ground for cancellation of bail in this case. The above order is subject to verification of the criminal antecedent of similar nature of the petitioner and in case any criminal antecedent of similar nature or for offence under NDPS Act is found against the petitioner, the benefit of this order shall not be extended to the petitioner without taking leave of the Court. 6. Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules. (G. Satapathy)
Judge
Subhasmita Designation: Sr. Stenographer