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2025 DAILYLAW 83015 (ORI)

DAYANIDHI SAMANTARA v. STATE OF ODISHA

BLAPL/12095/2025 · 2025-12-16

Gourishankar Satapathy

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.12095 of 2025 Dayanidhi Samantara … Petitioner Mr. B.R. Dalai, Advocate -versus- State of Orissa … Opposite Party Mr. C. Mohanty, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 16.12.2025 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is the bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Baranga PS Case No.197 of 2025 corresponding to GR (Spl) Case No.08 of 2025 pending in the file of learned Sessions Judge-cum-Special Judge, Cuttack for commission of offences punishable U/Ss.20(b)(ii)(C) of NDPS Act, on the main allegation of transporting 38Kgs of Contraband Ganja on a Scooty bearing Regd. No.OD33-AS-0253, along with co-accused persons. 3. Heard, Mr. Biswaranjan Dalai, learned counsel for the petitioner and Mr. C. Mohanty, learned Additional Public Prosecutor in the present matter and perused the record. On being queried about the criminal antecedent of the petitioner, Mr. Dalai volunteers to withhold bail to the petitioner, if he is found to have any p. 2 criminal antecedent of similar nature for commission of offence under NDPS Act. 4. Admittedly, the petitioner was granted liberty in BLAPL No.5369 of 2025 to renew his prayer for bail after submission of charge-sheet. It is not in dispute that the petitioner is in custody since 16.04.2025, but in the meantime, charge-sheet has already been submitted and there are 15 charge-sheeted witnesses and therefore, the trial would take some time. In the peculiar facts and circumstances of this case, especially when it is claimed that the petitioner is not having any criminal antecedents of similar nature for commission of offence under NDPS Act, 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 pre-trial detention of the petitioner in custody with submission of charge-sheet and keeping in view grant of bail to co-accused Maheswar Lenka in BLAPL No. 11318 of 2025, this Court without expressing any view on merit admits the Petitioner to bail, but subject to verification of his criminal antecedents. 6. Hence, the bail application of the petitioner stand allowed and the petitioner is allowed to go on bail p. 3 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. 7. Accordingly, the BLAPL stands disposed of. 8. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Priyajit