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2026 DAILYLAW 7865 (ORI)

SANDEEP GUPTA v. STATE OF ODISHA

BLAPL/2712/2026 · 2026-04-29

V Narasingh

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2712 of 2026 1. Sandeep Gupta 2. Jai Prakash Gupta 3. Shivsingh Gond …. Petitioners Mr. S.R. Das, Advocate -versus- State of Odisha …. Opposite Party Mr. C.R. Swain, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 29.04.2026 01. 1. Heard learned counsel for the Petitioners and learned counsel for the State. 2. The Petitioners are accused in connection with 2(a)CC Case No.85 of 2026, pending in the Court of learned S.D.J.M., Panposh, arising out of P.R. Case No.232 of 2025-26, for commission of alleged offences U/s- 52/59(b)/62 of Odisha Excise Act. 3. Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioners relating to the aforementioned P.S. Case is pending in any other Court. 4. Being aggrieved by the rejection of his application for bail U/s. 483 of the BNSS by the p. 2 learned 2nd Addl. Sessions Judge, Rourkela by order dated 07.03.2026, the present BLAPL has been filed. 5. It is submitted by the learned counsel that the Petitioners are in custody since 21.02.2026 on the accusation of possession of contraband (“duplicate adulterated foreign liquor”) to the tune of 43.570 liters. Hence, they may be released on bail. 6. It is submitted by the learned counsel, on instruction, that the Petitioner Nos.1 and 3 (Sandeep Gupta, Shivsingh Gond) have no criminal proclivity. The Petitioner No.2 (Jai Prakash Gupta) has one criminal antecedent of similar nature. 7. Learned counsel for the State opposes the prayer for bail referring to the Chemical Examination report. 8. Considering the nature of allegations, period in custody and punishment prescribed, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin subject to verification of criminal antecedent. 9. If it comes to fore that the Petitioner Nos.1 and 3(Sandeep Gupta, Shivsingh Gond) have any criminal antecedent of similar nature and Petitioner No.2(Jai Prakash Gupta) has more than one criminal antecedent of a similar nature, this order shall not be given effect to in respect of the said Petitioners. p. 3 10. Accordingly, the BLAPL stands disposed of. U.C.C as per rules. (V. NARASINGH) Judge Soumya Designation: Jr. Stenographer