Page 1 of 4. IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.10565 of 2024 Prafulla Kumar Nayak ..... Petitioner Represented By Adv. - Prafulla Kumar Khatei -versus- State Of Odisha ..... Opposite Party Represented By Adv. – Mr. M.R. Mohanty, A.G.A. CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 04.02.2025 Order No. 03. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel appearing for the Petitioner and learned Additional Government Advocate appearing for the State-Opposite Party. Perused the materials placed before this Court. 3. The present bail application under Section 483 of B.N.S.S. has been filed by the Petitioner for regular bail in connection with T.R No-75/2024, arising out of P.R No-193/2024-25 dated 08.08.2024, pending in the Court of learned 1st Additional Sessions Judge-cum- Special Judge under NDPS Act, Khordha for alleged commission of offence punishable under Sections 21(b) of the N.D.P.S. Act. Page 2 of 4. 4. Learned counsel for the Petitioner submits that earlier this matter was not before any of the bench of this Court. It is submitted by the learned counsel for the Petitioner that the petitioner is languishing in custody since 08.08.2024. He further submitted that in the meantime investigation has been concluded and the final PR has been filed. Learned counsel for the petitioner further referring to the prosecution report contended that as per the allegation a total quantity of 156 grams of brown sugar was recovered from the possession of the present petitioner. Further referring to the quantity of the contraband article that has been seized learned counsel for the petitioner further contended, since the same is less than the commercial quantity, a bar under Section 37 of the N.D.P.S. Act is not attracted. He further submitted that the Petitioner is having one similar criminal antecedent. He further contended that the petitioner belongs to the locality therefore there is no chance of his 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. Page 3 of 4. 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 further keeping the view the period of detention of the Petitioner in jail custody and the fact that the Petitioner is having one 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.48,000/-(Rupees Forty-Eight Thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter subject to the following terms and conditions: I) he shall not indulge in similar criminal offences; II) shall appear before the Trial Court on each and every date fixed unless prevented by any sufficient cause. III) shall appear before the local Police Station once in a fortnight for a period of four months thereafter once in a month till conclusion of trial. IV) shall not leave the jurisdiction of the trial court without prior permission of the trial court. Violation of any of the terms and conditions shall entail cancellation of bail. 8. It is open for the Court in seisin over the matter to impose any other conditions as may be deemed just and proper. Page 4 of 4. 9. It is further directed that the bail granted to the Petitioner is subject to depositing a cash security of Rs.5,000/- (Rupees Five thousand) before the learned Court in seisin over the matter, which shall be kept in any Nationalized bank in interest bearing account initially for a period of one year which will be renewable from time to time till conclusion of trial and the same shall be abide by the final outcome of the trial of the case. 10. 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 more than one similar criminal antecedent, this bail order shall automatically stand revoked. 11. The BLAPL is, accordingly, disposed of. ( A.K. Mohapatra) Judge Rubi