p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.10253 of 2025 Sanjaya Kumar Jena … Petitioner Mr. J. Sahoo, Advocate -versus- State of Odisha … Opposite Party Mr. S.C. Pradhan, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 21.01.2026 04. 1. This is the bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Khallikote PS Case No. 197 of 2023 corresponding to Spl. GR Case No.06 of 2023(N) pending in the Court of learned Addl. Sessions Judge-cum-Special Judge, Khallikote for commission of offences punishable U/Ss.20(b)(ii)(C) of the NDPS Act, on the main allegation of transporting 90Kgs of Contraband Ganja in a TATA Zest Car bearing Regd. No.OD-02T-1719, along with co-accused persons. 2. Heard, Mr. Jyotirmaya Sahoo, learned for the petitioner and Mr. S.C. Pradhan, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioner, Mr. Sahoo volunteers to withhold bail to the petitioner, if he is found to have any criminal antecedent of similar nature for commission of offence under NDPS Act. 3. Admittedly, the petitioner is in custody since 21.03.2023, but the trial is yet to be concluded and as p. 2 per the submission, the last witness was examined on 3rd July, 2025 and there are other charge sheeted witnesses, who are yet to be examined. In such situation, as to when the trial would be concluded is still a guess, but the petitioner has already been detained in custody for more than two years and ten months. In such situation, this Court considers that the conditions of Section 37 of NDPS Act may be dispensed with for the petitioner at this stage, especially when no criminal antecedents of similar nature have been reported against him. 4. For the reasons stated hereinabove and taking into account the custody period of the petitioner and grant of bail to co-accused Ranjan Jena & Jitun Polai in BLAPL Nos. 996 & 1010 of 2025, this Court without expressing any view on merits, admits the petitioner to bail, but subject to verification of his criminal antecedent. 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 one solvent surety 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 p. 3 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 Petitioners for offence U/S.269 of BNS,2023 in accordance with law and (iii) the petitioner shall report attendance before the jurisdictional Police Station once in a fortnight preferably on Sunday of each month in between 10 A.M. to 12 Noon for six (06) months from the actual date of release from the custody. 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 for any offence under NDPS Act on prima facie accusations may be treated as a ground for cancellation of bail in this case. In view of the specific submission as advanced for the petitioner, the benefit of this order shall not be extended to the petitioner, if he is found to have any criminal antecedent of similar nature for commission of offence under NDPS Act. 6. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Priyajit