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2026 DAILYLAW 6049 (ORI)

NITIN GOUDA v. STATE OF ODISHA

BLAPL/1121/2026 · 2026-03-17

Gourishankar Satapathy

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1121 of 2026 Nitin Gouda & Another … Petitioners Mr. S.S. Dash, Advocate -versus- State of Odisha … Opposite Party Mr. M.R. Patra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL)17.03.2026 01. 1. This is an application U/S.483 of BNSS by the petitioners for grant of bail in connection with Sonepur Case No.181 of 2025 corresponding to Special G.R. Case No.51 of 2025 pending in the file of learned Sessions Judge-cum-Special Judge, Sonepur, for commission of offences punishable U/Ss.20(b)(ii)(C)/ 29 of NDPS Act, on the main allegation of transporting 21 Kgs of Contraband Ganja on a bullet, along with co- accused persons. 2. Heard, Mr. Sudhansu Sekhar Dash, learned counsel for the petitioners and Mr. M.R. Patra, learned Additional Public Prosecutor in the present matter and perused the record. 3. Admittedly, the petitioner-Nitin Gouda was granted liberty in BLAPL No. 10551 of 2025 to renew his prayer for bail after submission of charge sheet or if the charge sheet is not submitted within two months w.e.f. 27.10.2025, but the petitioners were arrested in this case on 06.08.2025, however, in the meantime, charge sheet has already been submitted. Further, p. 2 there are 11 charge sheeted witnesses and there is no immediate prospect of trial and, therefore, the trial would take some more time. In the peculiar facts and circumstances of the case, especially when the trial is not likely to commence in near future, the petitioners would be considered to have satisfied the conditions of Sec.37 of the NDPS Act. 4. For the reasons stated hereinabove and keeping in view the inherent right of an accused to be presumed innocent until proven guilty at the trial, this Court without expressing any view on merits, admits each of the petitioners to bail. 5. Hence, the bail application of the petitioners stands allowed and each of the petitioners is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) each with two solvent sureties for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deems fit and proper by it. 6. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. 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 S.Sasmal Designation: Jr. Stenographer