Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
Raju Bhoi (In BLAPL No.7741 of 2025) Rajendra Chakradhari and another (In BLAPL No.7949 of 2025) … Petitioners
Mr. T.P. Mohapatra, Advocate
(in BLAPL No.7741 of 2025)
Mr. S. Dwibedi, Advocate
(in BLAPL No.7949 of 2025)
-versus- State of Odisha … Opposite Party Mr. P. Satpathy, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL)
14.08.2025
01.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. Since these two bail applications arise out of one and same case record, the same are heard together and
disposed of by this common order with the consent of the learned counsel for the parties. 3. These are the bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Tusra Excise Station PR No.169 of 2024-25 corresponding to 2(a)CC Case No.04 of 2025 pending in the file of learned District and Sessions Judge-cum- Special Judge, Bolangir, for commission of offences punishable U/S.20(b)(ii)(C) of NDPS Act, on the main allegation of transporting 45Kgs of Contraband Ganja in an Indigo Car bearing Regd. No.CG-04KP-6369. Page 2 of 3
4. Heard, Mr. Tara Prasad Mohapatra, learned counsel for the petitioner in BLAPL No.7741 of 2025 and Mr. Suryakanta Dwibedi, learned counsel for the petitioners in BLAPL No.7949 of 2025 and Mr. P. Satpathy, learned Additional Public Prosecutor in the matter and perused the record. At the outset, Mr. Suryakanta Dwibedi, learned counsel for the petitioners in BLAPL No.7949 of 2025 apprises this Court that this is the 2nd bail application of the petitioners, but no bail application of the petitioners is pending before any other forum except this one. 5. After having considered the rival submission upon perusal of record, there appears allegation against the petitioners for possessing commercial quantity of Contraband article, but the fact remains that the alleged possession of contraband article by the petitioners is a question of fact and can be gone into at the trial. It is also not in dispute that the criminal jurisprudence provides a right for every accused to be presumed innocent until proven guilty at the trial. Besides, no criminal antecedent of similar nature has been reported against the petitioners and charge-sheet has already been submitted in this case. Further, the petitioners are in custody since 09.01.2025. In view of the aforesaid situation, this Court considers that the conditions of Section 37 of NDPS Act may be dispensed with for the petitioners at this stage; especially it is uncertain as to when the trial would commence. Page 3 of 3
6. For the reasons stated hereinabove and taking into account the custody period of the petitioners, this Court without expressing any view on merits admits each of the petitioners to bail. 7.
Hence, these two bail applications of the petitioners namely Raju Bhoi in BLAPL No.7741 of 2025 and Rajendra Chakradhari & Manoj Kumar Sahu in BLAPL No.7949 of 2025 are allowed and each of the petitioners is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) 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. The above order is subject to verification of the criminal antecedent of similar nature of the petitioner(s) and in case, any criminal antecedent of similar nature is found against the petitioner(s), the benefit of this order shall not be extended to the said petitioner(s) without seeking leave of the Court. 8. Accordingly, these BLAPL Nos.7741 & 7949 of 2025 stand disposed of. 9. Issue urgent certified copy of the order as per Rules. (G. Satapathy)
Judge
Subhasmita
Designation: Sr. Stenographer