Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.9205 of 2025
Rakesh Kumar Singh
… Petitioner
Mr. J. Sahoo, Advocate -versus- State of Odisha … Opposite Party Mr. M.K. Mohanty, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) 23.09.2025
01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is the 2nd bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with SI of Excise Chatrapur PR No.62 of 2025-26 corresponding to 2(a)CC Case No.17 of 2025 (N) pending in the Court of learned Additional Sessions Judge-cum-Special Judge, Khallikote, for commission of offence punishable U/Ss.20(b)(ii)(C) of the NDPS Act, on the main allegation of possessing 21Kgs of Contraband Ganja and waiting for the Bus. 3. Heard, Mr. Jyotirmaya Sahoo, learned counsel for the petitioner and Mr. M.K. Mohanty, learned Additional Public Prosecutor in the matter and perused the record. It is specifically submitted by Mr. Sahoo that bail to the petitioner may be withheld, if he found to have any criminal antecedent of similar nature. 3.1. Admittedly, the petitioner is in custody since 30.05.2025, but in the meantime, PR has already been p. 2 submitted, however, the trial is yet to commence. The quantity of Contraband article seized in this case is proximate to commercial quantity, but there is no immediate prospect of trial. It is, however, claimed that the petitioner is not having any criminal antecedent of similar nature. In the peculiar facts and circumstance of the case, especially when there is no immediate prospect of trial, this Court considers that the conditions of Section 37 of NDPS may be dispensed with for the petitioner at this stage. 4. For the reason stated hereinabove and taking into account the submission of PR in the meantime and regard being had to the pre trial detention of the petitioner in custody, this Court without expressing any view on merit admits the petitioner to bail. 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. 6. Accordingly, the BLAPL stands disposed of.
In terms of the specific submission for the petitioner, 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 p. 3 petitioner, the benefit of this order shall not be extended to him without seeking leave of this Court. 7. Issue urgent certified copy of the order as per Rules. (G. Satapathy)
Judge
Subhasmita Designation: Sr. Stenographer