IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2726 of 2026 Sumanta Behera @ Dusha …. Petitioner Mr. M. Das, Advocate -versus- State of Odisha …. Opposite Party Mr. M.R. Mohanty, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 29.04.2026 01. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. The Petitioner is an accused in connection with C.T. Case No.52(A) of 2023, pending before the Court of the learned Special Judge-cum-Addl. Dist. And Sessions Judge, Balliguda, arising out of K. Nuagaon P.S. Case No.56 of 2023 for alleged commission of offences under Section 20(b)(ii)(C) of the NDPS Act. 3. Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner 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 Bharatiya Nagarik Suraksha Sanhita (BNSS) by the learned Special Judge, Balliguda by order dated 13.03.2026 in the aforementioned case, the present BLAPL has been filed. 5. The allegation against the Petitioner is that he along with the co-accused were involved in transportation of contraband (Ganja) to the tune of 133Kgs 630gms. 6. It is submitted by the learned counsel for the Petitioner that this Court by order dated 02.12.2024 in BLAPL No.10204 of 2024 directed release of the co-accused (Bulu Badatya) from whose possession the contraband was recovered inter alia on the ground of procrastination of trial and also taking into account the evidence of P.Ws.7 & 8 (independent witness & weigh man respectively). 7. It is submitted that so far as the present Petitioner is concerned, the trial has been split up and P.W.1 & 2, the seizure witnesses have not supported the prosecution and since the basis of implication is on account of the co-accused statement referring to the judgment of the Apex Court in the case of Tofan Singh vrs. State of Tamil Nadu, reported in (2021) 4 SCC 1, the Petitioner seeks release. 8. It is the further submission of the learned counsel for the Petitioner that the co-accused one Gadu @ Pramod Kumar Senapati who is at all fours with the present Petitioner was released on bail by this Court by order dated 07.10.2024 in BLAPL No.9914 of 2024. 9. Learned counsel for the State opposes the prayer for bail referring to the bar contained in Section 37(1)(b)(ii) of NDPS Act. 10. Considering the basis of accusation and that the principal accused having been granted bail as noted and release of the co-accused, keeping in view the dictum of the Apex Court in the case of Satender Kumar Antil vrs. Central Bureau of Investigation and another reported in (2022) 10 SCC 51 relating to parity, more particularly paragraph 98 thereof, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin subject to verification of criminal antecedent of similar nature. 11. If it comes to the fore that the Petitioner has any such criminal antecedent, this order shall not be given effect to. 12. Accordingly, the BLAPL stands disposed of. 13. Urgent certified copy of this order be granted as per rules. (V. Narasingh) Judge Ayesha