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2026 DAILYLAW 20153 (ORI)

CHINTU MENTA v. STATE OF ODISHA

BLAPL/2784/2026 · 2026-05-21

Sibo Sankar Mishra

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2784 of 2026 Chintu Menta …. Petitioner Mr. Sanjit Mishra, Advocate -versus- State of Odisha …. Opp. Party Mr. Partha Sarathi Nayak, AGA CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 21.05.2026 03. 1. The petitioner is an accused in connection with District Mobile Unit, Puri P.R. No.324 of 2025-26 corresponding to Special G.R. Case No.7 of 2026 registered for the alleged commission of the offences punishable under Sections 21(b) of the N.D.P.S. Act, pending in the Court of the learned Special Judge, Puri. The petitioner had approached the learned Special Judge, Puri in Special G.R. Case No.7 of 2026 praying for grant of bail. The learned Court below vide its order dated 05.03.2026 rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 483 of BNSS, 2023 praying for enlargement on bail. Page 2 of 4 2. 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. 3. The prosecution case as per the F.I.R. is that on 14.01.2026 at about 6 A.M., while the S.I. of Excise, District Mobile Unit, Puri along with his staff were performing patrolling duty at Sidhabakula Chhack under Satyabadi P.S., saw a person started running away from the spot seeing them in a suspicious manner and they detained him. On being asked, the accused disclosed his identity and further admitted that he is in possession of contraband heroin. On search, they seized 130 gms. of contraband heroin from his exclusive and conscious possession. Hence, the case. 4. It is alleged that 130 gms. of heroin has been recovered from the petitioner, which is less than the commercial quantity. The petitioner has been in custody since 14.01.2026. After the charge sheet was filed, the charge has already been framed by the learned trial court vide order dated 08.04.2026. Page 3 of 4 5. Regard being had to the nature of allegation against the petitioner and the period of his custody since 14.01.2026, quantity of contraband recovered, I am inclined to enlarge the petitioner on bail. 6. 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) He shall appear before the IIC of the concerned P.S. from 10.A.M. to 1 P.M. on every 2nd Sunday at-least for a period of three months; (ii) He shall not leave the jurisdiction of the trial Court till the disposal of the trial; (iii) He shall appear before the trial Court on each date on which the case is posted for trial without fail; (iv) He shall not tamper with the evidence in any manner whatsoever; (v) He shall not commit any offence while on bail, and (vi) He shall be released on bail subject to verification of similar type of criminal antecedents. 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 Subhasis 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. 7. In the event, the petitioner is found indulged in similar case and the F.I.R. is registered against him regarding similar nature of case, the concession of bail granted by this Court shall be withdrawn forthwith on the application of the prosecutor before the trial Court. 8. The BLAPL is accordingly disposed of. (S.S. Mishra) Judge Designation: Personal Assistant Location: High Court of Orissa, Cuttack. Date: 25-May-2026 11:58:58