Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2254 of 2026 Pradeep Majhi ..... Petitioner
Represented by Adv. - Soubhagya Kumar Dash -versus- State of Odisha ..... Opposite Party
Represented by Adv. – Sasmita Nayak, A.S.C.
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 24.04.2026
Order No.
01.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State- Opposite Party. Perused the materials placed before this Court.
3. The present bail application under Section 439 of Cr.P.C has been filed by the Petitioner for regular bail in connection with G.R Case No.78 of 2023, arising out of R. Udayagiri P.S Case No.91 of 2023, pending in the Court of learned Additional Sessions Judge-cum-Special Judge, Parlakhemundi for alleged commission of offence punishable under Sections 20(b)(ii)C of the N.D.P.S. Act.
4. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 24.01.2025. He further
Page 2 of 3. contended that as per the F.I.R. allegation the quantity of ganja seized, i.e., 242 kgs., which was recovered on the back side of the Church at Balishahi, R. Udayagiri. Learned counsel for the Petitioner further submitted that one of co-accused, namely, Samuel Raita, whose bail application was earlier rejected along with the Petitioner’s bail application, has been enlarged on bail by
order of the Coordinate Bench of this Court dated 18.02.2026 passed in BLAPL No.12424 of 2025. He further contended that both the present Petitioner as well as co-accused, Samuel Raita, stands in a similar footing. She further contended that although the Petitioner was having one similar criminal antecedent, however, in the meantime, he faced the trial and he has been acquitted by the learned trial court.
5. Learned Additional Standing Counsel 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 Standing Counsel submitted that nature of allegation and the contraband used in the present case is itself 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 Petitioner on bail
Page 3 of 3. 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.50,000/- (Rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter.
8. It is open for the Court in seisin over the matter to impose any other conditions as may be deemed just and proper. Violation of any of the conditions shall entail cancellation of the bail application.
9. The BLAPL is, accordingly, disposed of.
( A.K. Mohapatra)
Judge Anil
Designation: Junior Stenographer