p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK J (Jadagadagula) Ananda Rao (In BLAPL No. 13279 of 2025) Karna Machha (In BLAPL No. 13280 of 2025) Suraj Khosla @ Khusla (In BLAPL No. 3061 of 2026) Dama Khila @ Damo Khilla (In BLAPL No. 3162 of 2026) Ghasi Khila @ Ghasi Khilla (In BLAPL No. 3169 of 2026) Damu Khila @ Damu Khilla (In BLAPL No. 3383 of 2026) … Petitioners Mr. P.K. Nanda, Advocate (In BLAPL Nos. 13279 & 13280 of 2025) Mr. J. Jhansama, Advocate (In BLAPL No. 3061 of 2026) Mr. J.K. Mahapatra, Advocate (In BLAPL Nos. 3162, 3169 & 3383 of 2026) -versus- State of Odisha … Opposite Party Mr. P. Satpathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL):30.04.2026 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Since these six 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 Special GR Case No. 83 of 2025 arising out of Mudulipada PS Case No. 68 of 2025 pending in the file of learned Sessions Judge-cum-Special Judge, p. 2 Malkangiri for commission of offences punishable U/Ss. 20(b)(ii)(C)/27-A/29 of the NDPS Act, on the main allegation of transporting 150Kgs of Contraband Ganja in three motor cycles. 4. Heard, Mr. Prasanta Kumar Nanda, learned counsel for the Petitioners in BLAPL Nos. 13279 & 13280 of 2025; Mr. Julu Khansama, learned counsel for the Petitioner in BLAPL No. 3061 of 2026; Mr. Janaki Kanta Mahapatra, learned counsel for the Petitioners in BLAPL Nos. 3162, 3169 & 3383 of 2026 and Mr. P. Satpathy, learned Addl. Public Prosecutor in the matter and perused the record. 5. After having considered the rival submissions upon perusal of record, there appears allegation against the Petitioners Karna Machha, Dama Khila @ Damo Khilla, Ghasi Khila @ Ghasi Khilla & Damu Khila @ Damu Khilla for transporting the aforesaid quantity of Contraband Ganja and they were allegedly apprehended from the spot with Contraband article, but the Petitioners J Jadagadagula Ananda Rao & Suraj Khosla @ Khusla have not been apprehended from the spot nor any Contraband article was recovered from their exclusive possession. Grant or refusal of bail in a case of this nature is governed by Sec. 37 of NDPS Act, which prescribes for satisfaction of the Court on two aspects, such as (i) the accused is not guilty of the offence and (ii) the accused is unlikely to commit offence while on bail. Page 3 of 4 6. From a conspectus of materials placed on record, it is alleged against the Petitioners J Jadagadagula Ananda Rao & Suraj Khosla @ Khusla for diverting their route and escaping from the spot, but they were apprehended subsequently 21.06.2025 & 18.06.2025, whereas the other Petitioners are allegedly apprehended from the spot on 15.06.2025. In the sequence of event and taking into account the mode and manner of implication of the Petitioners J Jadagadagula Ananda Rao & Suraj Khosla @ Khusla and keeping in view the law laid down by the Apex Court in Tofan Singh Vrs. State of Tamil Nadu; (2020) 80 OCR (SC) 641, and finding the aforesaid two petitioners to have satisfied the conditions of Sec. 37 of NDPS Act and the rest of the Petitioners to have not satisfied the conditions of Sec. 37 of NDPS Act, this Court accordingly considers the bail applications of the Petitioners J Jadagadagula Ananda Rao & Suraj Khosla @ Khusla for grant of bail, whereas it does not consider proper to grant bail to the Petitioners Karna Machha, Dama Khila @ Damo Khilla, Ghasi Khila @ Ghasi Khilla & Damu Khila @ Damu Khilla for not having satisfied the conditions of Sec. 37 of NDPS Act. 7. Hence, the bail application of Petitioners Karna Machha, Dama Khila @ Damo Khilla, Ghasi Khila @ Ghasi Khilla & Damu Khila @ Damu Khilla in BLAPL Nos. 13280 of 2025 & 3162, 3169 & 3383 of p. 4 2026 stand rejected, whereas the bail applications of the petitioners namely J Jadagadagula Ananda Rao & Suraj Khosla @ Khusla in BLAPL Nos. 13279 of 2025 & 3061 of 2026 are allowed and consequently, the Petitioners J Jadagadagula Ananda Rao & Suraj Khosla @ Khusla are 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. 8. Accordingly, these BLAPLs stand disposed of. Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference. (G. Satapathy) Judge Priyajit