IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.500 of 2025 Sunath Sarangi …. Petitioner Mr. Mahes Das, Advocate -versus- State of Odisha …. Opp. Party Mr. M.R. Patra, ASC CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 16.01.2025 03. 1. This matter is taken up through Hybrid Arrangement (Virtual/ Physical Mode). 2. Heard learned counsel for the Petitioner and learned Additional Standing Counsel appearing for the Opposite Party- State. 3. The present application has been filed under Section 138 of Cr.P.C. by the Petitioner seeking pre-arrest bail in connection with 2(a)CC Case No.02 of 2016 arising out of Balangir P.R. No.04 of 2016-17, pending in the court of learned Special Judge- cum-District & Sessions Judge, Balangir, for alleged commission of offence punishable under Section 20(b)(ii)(B) of the N.D.P.S. Act. 4. Learned counsel for the petitioner contended that the 2 petitioner has been falsely implicated in the present case as owner of the bike, which was involved in alleged crime or illegal transportation of contraband Ganja weighing 7.02 Kgs. He further contended that the bike of the petitioner, which was involved in the present case, was stolen on 11.02.2016. The bike was seized on 09.05.2016. Thereafter, the petitioner was moved before the learned Court below under Section 457 of Cr.P.C. for release of the said bike. He further contended that the learned Court below has passed an order directing release of the bike in favour of the petitioner. He further contended that after such release order was passed the petitioner has been implicated as an accused in the present case as a result of which he is apprehending his arrest in connection with the present case. He further contended that on both counts, i.e., the quantity of contraband ganja weighing 7.02 Kgs. as well as the fact that nothing was seized from the conscious possession of the petitioner bar under Section 37 of the NDPS Act is not attracted to the facts of the present case. He further submitted that the petitioner does not have any criminal antecedent and although the bike, which was stolen, no F.I.R. was lodged regarding the bike being stolen is unbelievable. 5. Considering the nature of allegation, gravity of offence and the surrounding facts of the case and bar under Section 37 of the NDPS Act is not attracted to the present, I am not inclined to grant pre-arrest bail to the Petitioner. However, it is directed that in the event the Petitioner surrenders before the Court in seisin over the matter within a period of four weeks from today and move an application for bail, the Court in seisin over the matter 3 amit shall release him on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper in the facts and circumstances of the case, but subject to verification of criminal antecedent of the Petitioner. In the event it is found by the learned court below that the Petitioner is having any criminal antecedent, then this order shall automatically stand revoked. Violation of any of the terms and conditions shall entail cancellation of bail. 6. Accordingly, the ABLAPL is disposed of. Urgent certified copy of this order be granted on proper application. (Aditya Kumar Mohapatra) Judge