Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 13810 of 2025
Rajendra Rout
…. Petitioners Mr. P.K. Khatei, Advocate -versus- State of Odisha
…. Opp. Party Mr. P.S. Nayak, AGA
CORAM:
JUSTICE SIBO SANKAR MISHRA
Order No.
ORDER 05.01.2026
01.
1. The petitioner is accused in connection with T.R. No. 121 of 2025 arising out of Industrial Estate P.S. Case No. 247 of 2025 registered on the allegation of the alleged commission of offence punishable under Section 21(b)/29 of the N.D.P.S. Act, pending in the Court of the learned 1st Addl. Sessions Judge- cum-Special Judge under NDPS Act, Khordha.
The petitioner had approached the learned 1st Addl. Sessions Judge-cum-Special Judge under NDPS Act, Khordha in T.R. No. 121 of 2025 praying for grant of bail. The learned Court below vide its order dated 18.12.2025 rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 483 of BNSS, 2023 praying for enlargement on bail.
2. 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.
3. The prosecution case is that on 17.10.2025 at about 02.21 P.M. the informant got information that the petitioner and another proceeding towards Barunei to deal a huge quantity of brown sugar. Getting such information, he along with staff proceeded to the spot and found the present petitioner and another were there and after observing all the formalities they detained them and on search, they recovered 25 grams of brown sugar from the petitioner and others.
4.
Learned counsel for the petitioner reading out the contents of the FIR pointed out that the contraband appears to have been seized from the exclusive possession of one Sakti Ranjan Rayaguru. He has pointed out the part of the FIR, which reads as under:-
“Thereafter as per direction of Executive Magistrate I conducted personal search of suspect Sakti Ranjan Rayaguru in presence of Executive Magistrate, official witnesses and found a transparent polythene packet from the right side pant pocket from the exclusive and conscious possession of Sakti Ranjan Rayaguru which containing yellowish colour powder.”
Learned counsel for the petitioner submits that total 25 grams of brown sugar has been allegedly recovered from the present petitioner and the petitioner is in custody since
18.10.2025.
5. Earlier the petitioner approached this Court by filing BLAPL No. 11545 of 2025, which was withdrawn reserving the right to renew the bail plea after submission of the charge sheet. Charge sheet in the present case has already been filed on 17.12.2025 and the petitioner is in custody since
18.10.2025.
6. Taking into consideration the quantity of contraband
Ashok recovered from the petitioner and the period of custody of the petitioner since 18.10.2025, I am inclined to enlarge the petitioner on bail.
7. Hence, the petitioner is directed to be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions: (i) The petitioner shall appear before the I.I.C. of the concerned Police Station on every last Sunday of the month between 10.00 A.M. and 12.00 Noon for at least three months;
(ii) He shall not leave the jurisdiction of the trial Court till the disposal of the trial;
(iii) He shall appear before the trial Court on each date on which the case is posted for trial;
(iv) He shall not tamper with the evidence in any manner whatsoever;
(v) He shall not commit any offence while on bail, and
(vi) He shall be released on bail subject to verification of similar type of antecedents. In the event the petitioner is found wanting for violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the prosecution is at liberty to move appropriate application before the Court below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit.
8. The Bail Application is disposed of.
(S.S. Mishra) Judge
Designation: Secretary