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2025 DAILYLAW 4803 (ORI)

SANJIB BHESARA v. STATE OF ODISHA

BLAPL/9042/2025 · 2026-01-28

Gourishankar Satapathy

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.9042 of 2025 Sanjib Bhesara … Petitioner Mr. A. Tripathy, Advocate -versus- State of Odisha … Opposite Party Mr. R.B. Mishra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 28.01.2026 03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is the 2nd successive application U/S.483 of BNSS by the petitioner for grant of bail in connection with Uditnagar P.S. Case No. 104 of 2025 corresponding to Special G.R. Case No. 17 of 2025 pending in the file of learned Addl. Sessions Judge- cum-Special Judge, Rourkela for commission of offences punishable U/Ss.20(b)(ii)(C)/25/29 of the NDPS Act, on the main allegation of transporting 21Kgs 40Grams of Contraband Ganja in a Maruti Suzuki Ertiga car bearing Regd. No. OD-33AQ-7758, along with others. 3. Heard, Mr. Amitav Tripathy, learned counsel for the petitioner and Mr. R.B. Mishra, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioner, Mr. Tripathy p. 2 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. 4. Admittedly, the petitioner has been detained in custody since 01.04.2025, but in the meantime charge sheet has already been submitted, however, the trial is yet to commence. There are 29 charge sheeted witnesses and, therefore, the trial would take some time. Besides, the apprehended CICL in this case has already been granted bail. Further, it is also claimed that the petitioner is not having any criminal antecedent of similar nature and there is no immediate prospect of trial. In the peculiar facts and circumstance of the case, especially when there is no immediate prospect of trial, the petitioner would be considered to have satisfied the conditions of Sec. 37 of NDPS Act, if he is not having criminal antecedent of similar nature. 5. For the reasons stated hereinabove and taking into account the pre-trial detention of the petitioner in custody, this Court without expressing any view on merits admits the petitioner to bail, but subject to verification of his criminal antecedent. 6. Hence, the bail application of the petitioner stands allowed and he is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) with two solvent sureties each for the like amount to the satisfaction of the learned Court in p. 3 seisin of the case on such terms and conditions as deem fit and proper by it. 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 offences under NDPS Act. 7. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge S.Sasmal Designation: Jr. Stenographer