Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1738 of 2026
1. Bishnu Haldar
2. Dhiraj Sarkar ..... Petitioners
Represented by Adv. – Mr. Prasanta Kumar Nanda -versus- State of Odisha ..... Opposite Party
Represented by Adv. – Mr. Sarbeswar Behera, AGA
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER 21.04.2026
Order No.
01.
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel appearing for the Petitioners and learned Additional Standing Counsel appearing for the State- Opposite Party. Perused the bail application as well as the documents annexed thereto.
3. The present bail application under Section 483 of B.N.S.S., 2023 has been filed by the Petitioners for regular bail in connection with Special G.R. Case No.111 of 2025, arising out of Chitrokonda P.S. Case No.134 of 2025, pending in the Court of learned Sessions Judge-cum-Special Judge,
Page 2 of 4. Malkanagiri, for alleged commission of offence punishable under Section 20(b)(ii)(C) of the N.D.P.S. Act, 1985.
4. It is submitted by the learned counsel for the Petitioners that the Petitioners are languishing in jail custody since
09.07.2025. Further, referring to the allegation made in the F.I.R., learned counsel for the Petitioners contended that a total quantity of 23Kgs. of contraband Ganja was recovered from possession of the present Petitioners. Learned counsel for the Petitioners, at this juncture, seriously disputed the recovery of the contraband article from the exclusive and conscious possession of the present Petitioners. Learned counsel for the Petitioners further contended that in the meantime investigation has been concluded and final charge sheet has been filed. He further submitted that the Petitioners belong to the locality, therefore, there is no chance of their absconding, and that they do not have any similar criminal antecedent. In the aforesaid grounds, learned counsel for the Petitioners contended that the Petitioners be enlarged on bail on any terms and conditions as would be deemed just and proper by this Court.
5.
Learned counsel for the State, on the other hand, opposed the release of the Petitioners on bail on the ground of gravity and seriousness of the allegation. He further contended that in the event the Petitioners are released on bail, there is every possibility that they might abscond from justice which would eventually cause delay in conclusion of the trial. He further submitted that the cases of illegal transportation of contraband
Page 3 of 4. Ganja are on rise in State of Odisha now-a-days. Therefore, no leniency should be shown to the accused persons who are involved in such type of offence. In such view of the matter, it is submitted that the prayer for bail of the Petitioners be rejected at this juncture.
6. Considering the submissions made by the learned counsels appearing for the respective parties and on a careful examination of the surrounding facts and circumstances of the present case, further taking note of the fact that the Petitioners do not have any similar criminal antecedent and that the charge sheet has been filed in the meantime, this Court is inclined to release the Petitioners on bail.
7. Hence, it is directed that the Petitioners be released on bail in the aforesaid case on furnishing bail bond of Rs.40,000/- (Rupees forty thousand) each with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter. The release of the Petitioners shall also be subject to such other terms and conditions as would be fixed by the court in seisin over the matter. Violation of any of the terms and conditions shall entail cancellation of bail.
8. It is further directed that the bail granted to the Petitioners is subject to the condition that the court below shall verify whether the Petitioners are having any criminal antecedent of similar nature. In the event it is found that the Petitioners are having any criminal antecedent of similar nature, then this bail
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order shall automatically stand revoked.
9. The BLAPL is, accordingly, disposed of.
Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra)
Judge Debasis