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2026 DAILYLAW 8029 (ORI)

RAMA CHANDRA MALIK v. STATE OF ODISHA

ABLAPL/4157/2026 · 2026-05-01

V Narasingh

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 4157 of 2026 Rama Chandra Malik …. Petitioner Mr. A.R. Panda, Advocate -versus- State of Odisha …. Opposite Party Mr. M.R. Mohanty, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 01.05.2026 01. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. The Petitioner is seeking pre-arrest bail in connection with C.T. Case No.165 of 2025 pending on the file of learned Sessions Judge-cum-Special Judge, Phulbani, arising out of Khajuripada P.S. Case No.277 of 2025 for commission of offences punishable under Section 20(a)(i) of N.D.P.S. Act. 3. The allegation against the present Petitioner is that of illegal cultivation of cannabis plants. 4. It is submitted by the learned counsel for the Petitioner that there is no material to establish the identity of the Petitioner and considering his age (68 years) and since he has no criminal proclivity, he may be protected by pre-arrest bail. 5. Learned counsel for the State opposes such prayer. p. 2 6. This Court perused the materials on record including the statement of the witnesses, who stated that they have identified the Petitioner and another co-accused while they were fleeing away. 7. Taking into account the nature of allegations and the age of the Petitioner (68 years), it is directed that on surrendering within three weeks hence and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper subject to verification of criminal antecedent of similar nature. 8. If it comes to the fore that the Petitioner has any such criminal antecedent, this order shall not be given effect to. 9. It is needless to mention that the observation made herein are only for the purpose of consideration of the pre-arrest bail application and ought not to be construed as expressing any opinion regarding the complicity of the Petitioner, which shall be considered independently. 10. The ABLAPL is accordingly disposed of. (V. NARASINGH) Judge Soumya/ Mili Designation: Jr. Stenographer