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2026 DAILYLAW 16005 (ORI)

RITA CHAUHAN v. STATE OF ODISHA

BLAPL/3039/2026 · 2026-05-12

Sibo Sankar Mishra

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 3039 of 2026 Rita Chauhan …. Petitioner Mr. S.N. Mishra-4, Advocate -versus- State of Odisha …. Opp. Party Ms. S. Devi, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 12.05.2026 02. 1. The petitioner is an accused in connection with Maitrivihar P.S. Case No.93 of 2026 corresponding to T.R. No. 144 of 2026 registered on the allegation of the alleged commission of offence punishable under Section 20(b)(ii)(C) of the N.D.P.S. Act, pending in the Court of the learned District and Sessions Judge, Khurda at Bhubaneswar. 2. The petitioner had approached the learned Court below praying for grant of bail. The learned Court below vide its order dated 12.03.2026 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 483 of B.N.S.S., 2023 praying for enlargement on bail. 3. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. 4. The prosecution case as per the FIR lodged by Surach Behera, S.I., Maitrivihar PS, is that on 02.03.2026 at about 10.13am, receiving information from a reliable source about the illegal transportation of contraband in colour auto bearing Regd.No.OD 33 T 5014 to Salia Sahi via Hatisuni Chhak by four male persons and one female, he along with his co-staffs and independent witnesses proceeded to the spot. At about 11.10am, he successfully intercepted and stopped the auto and on search found one ganja (jari) basta kept at the backside of the rear seat of the auto from which acute smell of ganza was coming out. The total weight of the ganja was found to be 22 Kgs. in that jari basta, which was shown as seizure vide Ext. "A". On being asked, the detainees could not give any satisfactory answer as to the ganja inside the basta. Hence the case. 5. Learned counsel for the petitioner submits that 22 kg of contraband ganja has been allegedly recovered from an Auto rickshaw in which the petitioner was a passenger and the petitioner is a 36 years old lady. The petitioner has been in custody since 02.03.2026 and she has no criminal antecedent. 6. The petitioner has very specifically averred in paragraph-10 of the petition that she has no criminal antecedents, which reads as under:- “10. That further it is respectfully submitted that except the present case in hand, the petitioner is not involved in other case of similar nature.” 7. Taking into consideration the quantity of contraband recovered, clean antecedent and the period of custody of the Ashok petitioner since 02.03.2026, I am inclined to enlarge the petitioner on bail. 8. Hence, the petitioner is directed to be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions: (i) She shall not leave the jurisdiction of the trial Court till the disposal of the trial; (ii) She shall appear before the trial Court on each date on which the case is posted for trial; (iii) She shall not tamper with the evidence in any manner whatsoever; (iv) She shall not commit any offence while on bail, and (v) She shall be released on bail subject to verification of similar type of antecedents. In the event the petitioner is found wanting for violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the prosecution is at liberty to move appropriate application before the Court below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit. 9. The BLAPL is accordingly disposed of. (S.S. Mishra) Judge MOHAPATRA