Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 7753 of 2026
Kani Behera …. Petitioner Mr. A. S. Paul, Advocate
-Versus-
State of Odisha …. Opposite Party
Mr. S. K. Brahma, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order No.
ORDER 15.07.2026
01. 1. Heard learned counsels for the respective parties. 2. Instant petition under Section 482 BNSS is filed by the petitioner seeking pre-arrest bail in connection with Khurda P.S. Case No.448 of 2023 corresponding to T.R.No.70 of 2023 pending in the file of learned 2nd Addl. Sessions Judge-cum- Special Judge under NDPS Act, Khordha on the grounds stated. 3. Perused the FIR as at Annexure-1. A copy of the order in T.R. Case No.70 of 2023 is at Annexure-2 in respect of the co-accused persons, who faced the trial. The petitioner had earlier approached vide ABLAPL No.4439 of 2026 disposed of on 4th May, 2026 directing her to apply for anticipatory bail approaching the Sessions Court but it has not been availed of as informed by Mr. Paul, learned counsel for the petitioner. It is submitted that the main accused has been convicted, whereas, others have been let off. It is submitted that the co-accused persons stood exonerated by the judgment of the learned p. 2 Sessions Court on account of their implication on the basis of the confessional statements of the accused convicted. It is submitted that the petitioner is a lady and was not present at the spot and similarly situated like the co-accused have been acquitted of the charges levelled. Considering the submissions as above and objection of the State, though a case registered upon recovery of commercial quantity of Brown sugar, this Court, on the anvil of the judgment at Annexure-2, is inclined to direct her to surrender before the learned court below for being released with suitable conditions though the bail plea is not entertained. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioner surrenders before the court of learned 2nd Addl. Sessions Judge-cum- Special Judge under NDPS Act, Khordha within a fortnight from today, it is directed that she shall be released on bail in connection with Khurda P.S. Case No.448 of 2023 corresponding to T.R.No.70 of 2023 upon furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with one solvent surety for the like amount with such other conditions imposed as deemed proper in the facts and circumstances of the case. 6. Issue urgent certified copy of this order as per rules.
(R.K. Pattanaik) Judge Rojina Designation: Junior Stenographer