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2025 DAILYLAW 55165 (ORI)

ASIYA MANDAL v. STATE OF ODISHA

BLAPL/9176/2025 · 2025-09-22

Aditya Kumar Mohapatra

body2025

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.9176 of 2025 Asiya Mandal ..... Petitioner Represented By Adv. - Suchit Kumar Nayak -versus- State Of Odisha ..... Opposite Party Represented By Adv. – Ms. S.Nayak, A.S.C. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 22.09.2025 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State- Opposite Party. Perused the materials placed before this Court. 3. The present bail application under Section 483 B.N.S.S. has been filed by the Petitioner for regular bail in connection with P.R Case No-26 of 2025-26, which corresponds to 2(a) C.C. Case No.28 of 2025(N) pending in court of learned District & Sessions Judge-cum-Special Judge, Berhampur, Ganjam for alleged commission of offence punishable under Sections 20(b)(ii)(c) of the N.D.P.S. Act. Page 2 of 3. 4. Learned counsel for the Petitioner at the outset contended that that the Petitioner is in custody since 07.06.2025. He further submitted that as per the allegation of the prosecution a total quantity of 21 Kg. of contraband ganja was recovered from the conscious possession of the present petitioner. He further submitted that the investigation has progressed substantially and the charge sheet is likely to be filed in the meantime. He further submitted that the Petitioner does not have any similar criminal antecedent and the Petitioner belongs to the locality, therefore there is no chance of absconding. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and condition which the Petitioner undertakes to abide by while on bail. 5. Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, opposed the release of the Petitioner on bail on the ground that in the event the Petitioner is released on bail, there is a possibility that he might be involved in similar criminal offences. Learned Additional Standing Counsel submitted that considering the nature of allegation and the contraband used in the present case, the release of the petitioner would be a threat to the society. Therefore, he submitted that the prayer for bail of the Petitioner be rejected at this juncture. 6. Having heard the learned counsels appearing for the respective parties and on a careful examination of the surrounding facts and circumstances of the present case and Page 3 of 3. further keeping the view the period of detention of the Petitioner in jail custody and the fact that the Petitioner does not have any similar criminal antecedent, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions. 7. Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.35,000/- (Rupees Thirty Five Thousand) with two local solvent sureties for the like amount to the satisfaction of the Court in seisin over the matter. 8. It is open for the Court in seisin over the matter to impose any other conditions as may be deemed just and proper. 9. It is further directed that the bail granted to the Petitioner is subject to the condition that the court below shall verify whether the Petitioner is having any criminal antecedent of similar nature. In the event it is found that the Petitioner is having any similar criminal antecedent, this bail order shall automatically stand revoked. 10. The BLAPL is, accordingly, disposed of. ( A.K. Mohapatra) Judge Rubi