p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3924 of 2026 Katti Sai @ K. Sai …. Petitioner(s) Mr. Mangu Tandy, Advocate -versus- State of Odisha …. Opp. Party(s) Ms. S. Devi, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 06.05.2026 01. 1. The petitioner is an accused in connection with Orkel P.S. Case No. 290 of 2023 corresponding to Special G.R. Case No. 193 of 2023 registered on the allegation of the alleged commission of offence punishable under Sections 20(b)(ii)(C) of NDPS Act, pending in the court of the learned Addl. Sessions Judge-cum-Special Judge, Malkangiri. 2. The petitioner had approached the learned Addl. Sessions Judge-cum-Special Judge, Malkangiri in Special G.R. Case No. 193 of 2023 praying for grant of bail. The learned Court below vide its order dated 08.04.2026 rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 483 of BNSS, 2023 praying for enlargement on bail. 3. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail p. 2 application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. 4. The prosecution case as per the F.I.R. is that on 13.09.2023, at about 10.30 A.M. while the informant Ajit Singh Bariha, S.I. of police of Chitrakonda P.S. along with his staff were performing day patrolling duty, at about 11.20 A.M they noticed one person was Standing at Chitrakonda chowk with one plastic jerry bag. So, on suspicion S.I. of police & his staff proceeded towards him, on seeing the police, he started running to escape from the spot leaving the plastic bag behind. They chased him and could able to apprehend him. On being asked, he disclosed his name as Katti Sai and he confessed that he had collected the Ganja from the local cultivators of villagers of Narangijhola area under Chitrakonda P.S and after observing all formalities of search, police recovered 21 Kgs of Ganja. Hence the FIR. 5. Learned counsel for the petitioner submits that the petitioner had earlier approached this Court by filing BLAPL No. 12598 of 2023 and the Coordinate Bench of this Court vide order dated 09.11.2023 allowed the bail plea of the petitioner, however his release was subject to verification of criminal antecedents in three States, i.e., Odisha, Telengana and Andhra Pradesh. It appears on record that the police despite efforts could not ascertain the antecedents of the petitioner from the three States. Therefore, the petitioner moved another application before this Court seeking modification of the order dated 09.11.2023, inter alia, contending that he is in custody since 14.09.2023 and p. 3 antecedents of the petitioner could not be obtained by the police from the said three States despite the earlier order and he has not been released as yet. While hearing the said application for modification/clarification, this Court directed the petitioner to renew his bail plea before the learned trial court. Pursuant thereto, the petitioner moved the learned trial court and vide order dated 08.04.2026, his bail application has been rejected. He further submits that there is alleged recovery of 21 kg. of contraband and the petitioner is in custody since 14.09.2023 and the trial is proceeding in a snail’s pace. Hence, the petitioner is entitled to bail. 6. Ms. S. Devi, learned counsel for the State although not controverted the aforesaid facts but submits that since the petitioner is from Telengana, in the event the petitioner is released on bail, he shall be directed to furnish affidavit disclosing his permanent address and shall furnish one local surety. 7. Regard being had to the nature of allegation and the judicial custody of the petitioner since 14.09.2023, I am inclined to enlarge the accused-Petitioner on bail. 8. Hence, the Petitioner is directed to be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions: (i) The petitioner shall report before the concerned Police Station being physically p. 4 present twice a month on 1st and last Sunday of every month for at least six months. (ii) He shall not leave the jurisdiction of the trial Court till disposal of the trial. (iii) He shall appear before the trial Court on each date on which the case is posted for trial. (iv) He shall not tamper with the evidence in any manner whatsoever. (v) He will submit his original Aadhaar Card for verification. (vi) The trial court shall impose necessary condition to ensure that the petitioner shall appear before the trial court. (vii) The petitioner shall furnish an affidavit disclosing his local surety; (viii) The petitioner shall furnish bail bond of Rs.50,000/- (rupees fifty thousand) with local solvent surety of like amount. To allay the legitimate apprehension of the learned counsel for the State regarding ensuring the presence of the petitioner during trial since he belongs to a different State, additionally, it is directed that one of the family members of the petitioner shall execute P.R. Bond in addition to the sureties in terms of the order of the learned Court in seisin. If it comes to the fore that the petitioner has any criminal antecedents in the State of Odisha, the Court below shall take into consideration the same while imposing condition. p. 5 Violation of any of the conditions shall entail cancellation of the bail granted to the petitioner. In the event, any of the bail conditions are violated by the petitioner, the prosecution is given liberty to move appropriate application before the Court below for recalling the concession of bail. If such application is moved, the trial Court shall decide the application on its own merit. 9. The BLAPL is accordingly disposed of. (S.S. Mishra) Judge Ashok MOHAPATRA