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2026 DAILYLAW 25809 (ORI)

SOURAV GUPTA v. STATE OF ODISHA

BLAPL/2597/2026 · 2026-07-14

Gourishankar Satapathy

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2597 of 2026 Sourav Gupta & Others … Petitioners Mr. S. Sahoo, proxy counsel on behalf of Mr. R. Roy, Advocate -versus- State of Orissa … Opposite Party Mr. P. Satpathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL):14.07.2026 15 04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of the BNSS by the petitioners for grant of bail in connection with Bargarh Town PS Case No.553 of 2025 corresponding to CT (Spl.) No.84 of 2025 pending in the Court of learned District & Sessions Judge-cum-Spl. Judge, Bargarh, for commission of offence punishable U/S.20(b)(ii)(C) of the NDPS Act, on the main allegation of jointly possessing 42Kgs and 800Grams of Contraband Ganja. 2. Heard, Mr. Swastik Sahoo, learned proxy counsel appearing on behalf of Mr. Rajjeet Roy, learned counsel for the petitioners and Mr. P. Satpathy, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioners, Mr. Sahoo, volunteers to withhold bail to the petitioner(s), if he/they is/are having any criminal antecedent of similar nature. 3. Admittedly, the petitioners were taken into custody on 14.10.2025, but in the meantime charge-sheet has already been submitted, however, the trial is yet to commence and there are 19 charge-sheeted witnesses and therefore, the trial would definitely take some time. It is, however, claimed that the petitioners are not having any criminal antecedent of similar nature. In the aforesaid facts and circumstances and taking into account the materials on record keeping in view the claim of the petitioners, the petitioner(s) would be considered to have satisfied the conditions of Sec.37 of NDPS Act, if he/they is/are not having any criminal antecedent for offence under NDPS Act. 4. For the reasons stated hereinabove and regard being had to the pre trial detention of the petitioners in custody, this Court without expressing any view on merit admits the petitioners to bail, but subject to verification of their criminal antecedent. 5. Hence, the bail application of the petitioners stands allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) each 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 petitioners, the benefit of this order shall not be extended to the concerned petitioner(s), if he/they is/are found to have any criminal antecedent of similar nature for commission of offences under NDPS Act. 6. Accordingly, the BLAPL stands disposed of. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference. (G. Satapathy) Judge Jayakrushna