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2025 DAILYLAW 51150 (ORI)

TUSHAR KUMAR PRADHAN v. STATE OF ODISHA

BLAPL/8292/2025 · 2025-09-12

Gourishankar Satapathy

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 8292 of 2025 Tushar Kumar Pradhan … Petitioner Mr. M. Das, Advocate -versus- State of Odisha … Opposite Party Mr. C. Mohanty, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 12.09.2025 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with K. Nuagaon PS Case No.82 of 2023 corresponding to CT Case No. 72 of 2023 pending in the file of learned Special Judge-cum-Addl. Dist and Sessions Judge, Balliguda for commission of offences punishable Under Section 20(b)(ii)(C) of the NDPS Act, on the main allegation of transporting 48 Kgs and 310 of Contraband Ganja in a white colour Car bearing Registration No. OD-02-BR-6133. 3. Heard, Mr. Mahes Das, learned counsel for the Petitioner and Mr. C. Mohanty, learned Additional Public Prosecutor in the matter and perused the record. 4. Admittedly, the Petitioner is in custody since 28.06.2023, but the trial is yet to be concluded and the Petitioner was earlier on interim bail in BLAPL No. 7278 of 2024, however, the Petitioner had voluntarily surrendered to the custody after expiry of the interim bail. It is, however, claimed that the Petitioner is not having any criminal antecedent of similar nature. In the peculiar facts & circumstance and long detention of the Petitioner in custody, this Court considers that the conditions of Sec. 37 of NDPS Act may be dispensed with for the Petitioner at this stage. 5. For the reasons stated hereinabove and taking into account the custody period of the Petitioner, this Court without expressing any view on merits admits the Petitioner to bail. 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 seisin of the case on such terms and conditions as deem fit and proper by it. The aforesaid order is subject to verification of the criminal antecedent of the Petitioner and in case any criminal antecedent of similar nature is found against the Petitioner, the benefit of this order shall not be extended to such petitioner without seeking leave of the Court. 7. Accordingly, the BLAPL stands disposed of. 8. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Priyajit