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2026 DAILYLAW 16699 (ORI)

PRAMOD DIGAL v. STATE OF ODISHA

BLAPL/3856/2026 · 2026-05-06

Aditya Kumar Mohapatra

body2026

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3856 of 2026 Pramod Digal ..... Petitioner Represented by Adv. - Soubhagya Kumar Dash -versus- State of Odisha ..... Opposite Party Represented by Adv. – Mr. S. Behera, AGA CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 06.05.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel appearing for the Petitioner and learned Additional Government Advocate appearing for the State-Opposite Party. Perused the materials placed before this Court. 3. The present bail application under Section 483 of the B.N.S.S. has been filed by the Petitioner for regular bail in connection with C.C. Case No-12/2026, arising out of Excise Station, Aska P.R Case No-12/2026-2027, pending in the Court of learned Special Judge-cum-Addl. Sessions Judge, Aska for alleged commission of offence punishable under Sections 20(b)(ii)(c) of the N.D.P.S. Act. 4. Learned counsel for the Petitioner submits that earlier this matter was not before any of the bench of this Court. It is Page 2 of 3. submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 10.04.2026. It is also contended by the learned counsel for the Petitioner that keeping in view the quantity of ganja seized, i.e., 8 kgs, which is less than the commercial quantity, a bar under Section 37 of the N.D.P.S. Act is not attracted. He further submitted that the Petitioner does not have any similar criminal antecedent. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and condition which the Petitioner undertakes to abide by while on bail. 5. Learned Additional Government Advocate appearing for the State-Opposite Party, on the other hand, opposed the release of the Petitioner on bail on the ground that in the event the Petitioner is released on bail, there is a possibility that he might be involved in similar criminal offences. Learned Additional Government Advocate submitted that considering the nature of allegation and the contraband used in the present case, the release of the petitioner would be a threat to the society. Therefore, he submitted that the prayer for bail of the Petitioner be rejected at this juncture. 6. Having heard the learned counsels appearing for the respective parties and on a careful examination of the surrounding facts and circumstances of the present case and further keeping the view the period of detention of the Petitioner in jail custody and the fact that the Petitioner does not have any similar criminal antecedent, this Court is inclined to release the Page 3 of 3. Petitioner on bail subject to imposition of stringent conditions. 7. Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.40,000/- (Rupees forty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter. Violation of any of the terms and conditions shall entail cancellation of bail. 8. It is open for the Court in seisin over the matter to impose any other conditions as may be deemed just and proper. 9. It is further directed that the bail granted to the Petitioner is subject to the condition that the court below shall verify whether the Petitioner is having any criminal antecedent of similar nature. In the event it is found that the Petitioner is having any similar criminal antecedent, this bail order shall automatically stand revoked. 10. The BLAPL is, accordingly, disposed of. ( A.K. Mohapatra) Judge Sipra Cuttack