Page 1 of 4. IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.10123 of 2024 1) Adarsh Kumar ..... Petitioners 2) Naval Kishor Represented By Adv. - M/s Purna Chandra Das,debashis Routray -versus- State Of Odisha ..... Opposite Party Represented By Adv. – Mr. Samaresh Jena, A.S.C. CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 03.02.2025 05. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioners as well as learned Additional Standing Counsel for the State. 3. This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioners for bail in connection with E.I. & E.B., Unit-II, Cuttack P.R.No.627 of 2023-024 converted to 2(a)CC No.6 of 2024 pending in the Court of the learned District and Sessions Judge-cum-Special Judge, Cuttack for alleged commission of offence under Section 20 (b) (ii) (c) of N.D.P.S. Act. 4. Learned counsel for the Petitioners submits that earlier this matter was not before any other Bench of this Court. It is submitted Page 2 of 4. by the learned counsel for the Petitioners that the Petitioners are languishing in custody since 24.01.2024 i.e. the date of their initial arrest. He Further contended that in the meantime investigation has been concluded and the final PR has been submitted on 16.07.2024. Learned counsel for the petitioners further contended that the petitioners were traveling in the vehicle which was driven by one Raja Kumar and from the said vehicle four bags containing 25 Kg. of ganja each was recovered by the police party when they intervened and stopped the said vehicle. Thereafter, the petitioners were arrested from the spot since they were travelling by the said car. He further contended that as per the prosecution allegation a total number of three accused persons were traveling in the said vehicle. He further contended that the present petitioners are passenger of the said vehicle and they have no knowledge about the contraband ganja that was kept in the back side of the vehicle. Learned counsel for the petitioners further submitted that the petitioners do not have any similar criminal antecedent and that the bar under Section 37 would not be attracted to the facts of the present case given the fact that the petitioners did not have any conscious knowledge of the contraband ganja recovered. Learned counsel for the petitioners further contended that the petitioners are languishing in custody for more than one year and although the final PR has been submitted in the meantime, however, the trial has not been commenced and the same is not likely to be commenced any time soon. He further contended that although the petitioners do not belong to the State of Odisha, they are ready and willing to abide by any terms and conditions as this Court deems fit and proper in the facts and circumstances of the case. Page 3 of 4. 5. Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioner on the ground that such cases are increasing day-by-day and no leniency should be shown to the petitioner. He further submitted that the Petitioners do not belong to the State of Odisha, therefore, release of the Petitioners be difficult to ensure the appearance of the Petitioners before the Trial Court during trial. Further contends that the Investigation is still on. In such view of the matter, he submitted that the bail application of the Petitioners 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, further keeping the view the period of detention of the Petitioners in jail custody and the fact that the Petitioners do not have any similar criminal antecedent, this Court is inclined to release the Petitioners on bail subject to imposition of stringent conditions. 7. Hence, it is directed that the Petitioners be released on bail in the aforesaid case on furnishing bail bond of Rs.40,000/- (Rupees Forty thousand) each with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter subject to the following terms and conditions: I) The Petitioners shall also file an affidavit before the Trial Court with regard to indicating there their residential details other details like Aadhar No., Phone No. before the jurisdictional police station & further release of the Petitioners shall be subject to verification of such details as would be furnished by any relative of the Petitioners in the shape of an affidavit. Page 4 of 4. II) they shall not be involved in any offence of similar nature while on bail; III) shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever; IV) shall not make any default in attending the court during trial on each date without fail; V) shall appear before the concerned Police Station once in a fortnight preferably on ‘Sunday’ in between 10.00 A.M. to 1.00 P.M. till conclusion of the trial. Violation of any of the terms and conditions shall entail cancellation of bail. 8. It is further directed that the bail granted to the Petitioners be subject to the condition that the court below shall verify the similar criminal antecedent of the Petitioners. In the event the Petitioners are having any similar criminal antecedent under the offences of NDPS Act, this bail order shall automatically stand revoked. 9. BLAPL is accordingly disposed of. 10. Issue urgent certified copy as per Rules. ( A.K. Mohapatra ) Judge Rubi