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2025 DAILYLAW 797 (ORI)

SANJAY BAGH v. STATE OF ODISHA

BLAPL/9620/2025 · 2026-02-12

Gourishankar Satapathy

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.9620 of 2025 Sanjay Bagh … Petitioner Mr. H.S. Mishra, Advocate -versus- State of Odisha … Opposite Party Mr. M.R. Patra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 12.02.2026 03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is the 4th successive bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Special Task Force P.S. Case No.13 of 2024 corresponding to Special G.R. Case No.04 of 2024 pending in the file of learned Addl. Sessions Judge, Sonepur, for commission of offences punishable U/Ss.20(b)(ii)(C)/29 of the NDPS Act, on the main allegation of possessing 151Kgs 190Grams of Contraband Ganja in eight plastic gunny bags in the poultry firm of co-accused Ranjit Pradhan. 3. Heard, Mr. Himanshu Sekhar Mishra, learned counsel for the petitioner and Mr. M.R. Patra, learned Addl. PP in the matter and perused the record. At the outset, Mr. Mishra apprises this Court that this is the 4th successive bail application of the petitioner, but no bail application of the petitioner is pending before any other forum except this one. Page 2 of 3 4. Admittedly, the petitioner, however, was granted liberty in BLAPL No. 7253 of 2025 to renew his prayer for bail after examination of some witnesses and accordingly, the petitioner renews his prayer for bail after examination of three witnesses, however, the petitioner is in custody since 06.03.2024, but the trial is yet to be concluded, even the petitioner would complete two years of custody in just few days after. Right to speedy trial is the fundamental right of an accused and each day of the custody of the petitioner militates against the right to speedy trial as guaranteed under Article 21 of the Constitution of India. Further, it is claimed that the petitioner is not having any criminal antecedent of similar nature and co-accused Ranjit Pradhan, who is the owner of the poultry firm, has already been granted bail by this Court in BLAPL No. 8799 of 2024. In these circumstances and taking into account the pace of the trial, there is remote chance of trial being concluded in near future, but since commercial quantity of Contraband Ganja was allegedly recovered from the poultry firm of the co-accused and the petitioner being found at the time of raid, he is required to satisfy the conditions of Sec.37 of NDPS Act. In the aforesaid facts and circumstances and taking into account the snail pace of the trial on the face of the guarantee of the Constitution, this Court considers that the conditions of Sec.37 of NDPS Act may be dispensed with at this stage for the petitioner. Page 3 of 3 5. For the reasons stated hereinabove and taking into account the pre-trial detention of the petitioner in custody without trial being concluded even after near about two years custody of the petitioner, this Court without expressing any view on merits admits the petitioner to bail. 6. Hence, the bail application of the petitioner stands allowed and he is 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. 7. Accordingly, the BLAPL stands 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 S.Sasmal Designation: Jr. Stenographer