Research › Search › Judgment

High Court of Orissa · body

2026 DAILYLAW 7014 (ORI)

HEMANT DIGAL v. STATE OF ODISHA

BLAPL/2442/2026 · 2026-04-27

S K Panigrahi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2442 of 2026 Hemant Digal …. Petitioner(s) Ms. BIjayanti Mohanty, Adv. -versus- State of Odisha …. Opposite Party(s) Mr. Sonak Mishra, ASC CORAM: HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI Order No. 01. ORDER 27.04.2026 F.I.R. No. Dated Police Station Case No. and Courts’ Name Sections 0108 08.07.2021 Baliguda C.T. Case No.35 of 2021 arising out of Balliguda P.S. Case No.108 of 2021 pending before the Court of learned Special Judge-cum- Addl. District and Sessions Judge, Balliguda Sections 20(b)(ii)(C) of the N.D.P.S Act 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the Petitioner and learned counsel for the State. 3. The Petitioner being in custody in connection with C.T. Case No.35 of 2021 arising out of Balliguda P.S. Case No.108 of 2021 pending before the Court of learned Special Judge-cum-Addl. District and Sessions Judge, Balliguda registered for the alleged commission of Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 30-Apr-2026 16:30:17 Signature Not Verified offences under Sections 20(b)(ii)(C) of the N.D.P.S Act, has filed this application for his release on bail. 4. The brief fact of the case is that on 08.07.2021, during course of patrolling duty near Deepika chhak area the D.S.P. I/c detained the vehicle bearing registration No.OR-02-AH-5567 on suspicion. On search they recovered 29.900 kilograms of contraband ganja from the said vehicle. Accordingly, on completion of investigation and all the formalities, the Petitioner was taken into custody. The Petitioner has been languishing in custody since 14.02.2026. 5. Learned counsel for the Petitioner contends that though nothing has been seized from the conscious possession of the present Petitioner, he has been entangled in this case only on suspicion. The above noted contraband articles do not belong to him. He further contends that the co-accused persons have already been enlarged on bail vide orders dated 22.02.2022 passed in BLAPL No.7769 of 2021 and dated 22.06.2023 passed in BLAPL No.5893 of 2023. He, accordingly, prays for permitting the Petitioner to be released on bail. 6. Learned counsel for the State vehemently opposes the prayer for bail of the present Petitioner. He further submits that such type of offences is not tolerable in a Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 30-Apr-2026 16:30:17 Signature Not Verified law abiding society. He, accordingly, prays for dismissal of this BLAPL. 7. Considering the submissions made on behalf of both the parties, this Court without going into the merits of the case, directs the court in seisin over the matter to release the present Petitioner on bail in the aforesaid case on some stringent terms and conditions with further conditions that: i. the Petitioner shall appear before the concerned local Police Station on every alternate Sunday between 10.00A.M. to 12.00P.M. till conclusion of the trial; ii. the Petitioner shall appear before the learned Court in seisin over the matter on each date of posting of the case; iii. the Petitioner shall not indulge himself in any criminal activities in future; iv. the Petitioner shall not tamper the evidence of the prosecution witnesses in any manner; 8. Violation of any of the above conditions shall entail cancellation of the bail. 9. This BLAPL is, accordingly, disposed of. (Dr. Sanjeeb K Panigrahi) Judge Ayaskanta Designation: Personal Assistant