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2025 DAILYLAW 71056 (ORI)

MAHESWAR PRADHAN v. STATE OF ODISHA

BLAPL/9220/2025 · 2025-10-31

Gourishankar Satapathy

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.9220 of 2025 Maheswar Pradhan & Petitioner Mr. K.M. Hati, Advocate -versus- State of Odisha & Opposite Party Mr. A. Pradhan, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 31.10.2025 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is an application U/S.483 of BNSS Act by the petitioner for grant of bail in connection with Raikia PR Case No.41 of 2025-26 in connection with 2(a) CC Case No.28 of 2025 pending in the Court of learned Special Judge-cum-Addl. Sessions Judge, Balliguda for commission of offences punishable U/S. 20(b)(ii)(C) of NDPS Act, on the main allegation of transporting 25Kgs of contraband ganja on a Bajaj Maxima Auto bearing Regd. No.OD-12D-1128. 3. Heard, Mr. K.M. Hati, learned counsel for the petitioner and Mr. A. Pradhan, learned Addl. Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioner, Mr. Hati volunteers to withhold bail to the petitioner, if he is found to have any criminal antecedent of similar nature for commission of offence under NDPS Act. 4. Admittedly, the petitioner is in custody since 29.06.2025, but in the meantime PR has already been submitted, however the trial is yet to commence and there is no immediate prospect of trial. It is claimed that the petitioner is not having any criminal antecedent of similar nature. In the peculiar facts and circumstances of the case, especially when there is no immediate prospect of trial, the petitioner would be considered to have satisfied the conditions of Sec.37 of NDPS Act, if he is not having any criminal antecedent of similar nature for commission of offence under NDPS Act. 5. For the reason stated hereinabove and taking into account the custody period of the petitioner, 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.1,00,000/- (Rupees One lakh) only 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. In view of the specific submission as advanced for the petitioner, the benefit of this order shall not be extended to the petitioner, if he is found to have any criminal antecedent of similar nature for commission of offence under NDPS Act. 6. Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Jayakrushna