Research › Search › Judgment

High Court of Orissa · body

2025 DAILYLAW 760 (ORI)

RADHA KRISHNA KHEMUDU v. STATE OF ODISHA

BLAPL/9037/2025 · 2026-01-12

Gourishankar Satapathy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.9037 of 2025 Radha Krishna Khemudu … Petitioner Mr. S.S.Dash, Advocate -versus- State of Odisha … Opposite Party Mr. P.Satapathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 12.01.2026 03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is the bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Chitrakonda P.S. Case No. 101 of 2024 corresponding to of Special G.R. Case No. 96 of 2024 pending in the Court of learned Sessions Judge-cum- Special Judge, Malkangiri for commission of offences punishable U/Ss. 20(b)(ii)(C) of the NDPS Act, on the main allegation of possessing 496Kgs of Contraband Ganja in a jungle near village Baradabandha. 3. Heard Mr.Sudhansu Sekhar Dash, learned counsel for the petitioner and Mr.P.Satapathy, learned Addl. Public Prosecutor in the matter and perused the record. 4. The only ground which is harped for grant of bail to the petitioner is his absence at the spot of p. 2 detection, but fact remains that the IO has submitted charge sheet against the petitioner by showing him as an absconder. It is also not disputed that the present petitioner has been named in the FIR and the police raiding party on receipt of reliable information about petitioner allegedly storing Ganja has raided the place and allegedly recovered the contraband article. It is also not disputed that the petitioner is having one criminal antecedent for commission of offence U/S. 3 of OPG Act. The paramount consideration in granting bail is securing attendance of the accused at the trial, but in this case issuance of NBWA against the petitioner itself does not justify grant of bail to the petitioner. In the aforesaid facts and circumstance and taking into account the nature and gravity of the offence as alleged against the petitioner vis-à-vis the accusation sought to be brought against him and taking into account the quantity of Contraband Ganja allegedly seized in this case coming around 496Kgs. which is well above the commercial quantity and keeping in view the inability of the petitioner to satisfy the conditions of Sec. 37 of NDPS Act and taking into account the other circumstances on record cumulatively, this Court is not inclined to grant bail to the petitioner at this stage. p. 3 5. Hence, the bail application of the petitioner stands rejected. Accordingly, the BLAPL stands disposed of. A soft copy of the order be immediately communicated to the learned trial Court for reference. (G. Satapathy) Judge kishore