Page 1 of 4. IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3019 of 2026 Ganesh Behera ..... Petitioner Represented by Adv. - Lambodor Achari -versus- state of odisha ..... Opposite Parties Represented by Adv. – Sasmita Nayak, A.S.C. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 02.05.2026 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State- Opposite Party. Perused the bail application as well as the documents annexed thereto. 3. The present bail application under Section 483 of B.N.S.S., 2023 has been filed by the Petitioner for regular bail in connection with Spl. G.R. Case No.54 of 2025, arising out of Jagannathprasad P.S. Case No.259 of 2025, pending in the Court of learned Additional Sessions Judge-cum-Spl. Judge, Bhanjanagar, for alleged commission of offences punishable under Sections 20(b)(ii)C/29 of the N.D.P.S. Act, 1985. 4. It is submitted by the learned counsel for the Petitioner that Page 2 of 4. earlier this matter was not before any other Bench of this Court. He further submitted that the Petitioner is languishing in jail custody since 02.06.2025. Further, referring to the allegation made in the F.I.R., learned counsel for the Petitioner contended that a total quantity of 35.525 Kgs of contraband Ganja was recovered from two accused persons including the present Petitioner. He further contended that taking into consideration the aforesaid fact, the bar under Section 37 of the N.D.P.S. Act would not be attracted to the case of the present Petitioner. Learned counsel for the Petitioner further contended that in the meantime investigation has been concluded and final charge sheet has been filed. He further submitted that the Petitioner belongs to the locality, therefore, there is no chance of his absconding, and that he is having one similar criminal antecedent. In the aforesaid grounds, learned counsel for the Petitioner contended that the Petitioner be enlarged on bail on any terms and conditions as would be deemed just and proper by this Court. 5. Learned counsel for the State, on the other hand, opposed the release of the Petitioner on bail on the ground of gravity and seriousness of the allegation. He further contended that in the event the Petitioner is released on bail, there is every possibility that he might abscond from justice which would eventually cause delay in conclusion of the trial. He further submitted that the cases of illegal transportation of contraband Ganja are on rise in State of Odisha now-a-days. Therefore, no leniency should be shown to the accused persons who are involved in such type of offence. In such view of the matter, it is submitted that the prayer for bail of the Petitioner be rejected at this juncture. Page 3 of 4. 6. Considering the submissions made by the learned counsels appearing for the respective parties and on a careful examination of the surrounding facts and circumstances of the present case, further taking note of the period of detention, and that charge sheet has already been filed, and keeping in view the quantity of contraband article seized in this case, this Court is inclined to release the Petitioner on bail. 7. Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.35,000/-(Rupees thirty five thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter. The release of the Petitioner shall also be the following terms and conditions:- I. he shall not be involved in any offence of similar nature; II. he shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever; III. he shall not make any default in attending the court during trial; IV. he shall appear before the concerned Police Station once in a month, preferably on ‘Sunday’ in between 10.00 A.M. to 1.00 P.M., till conclusion of trial; and V. he shall not leave the jurisdiction of the Court in seisin over the matter. Violation of any of the terms and conditions shall entail Page 4 of 4. cancellation of bail. 8. It is further directed that the bail granted to the Petitioner is subject to the condition that the court below shall verify whether the Petitioner is having any criminal antecedent of similar nature. In the event it is found that the Petitioner is having more than one criminal antecedent of similar nature, then this bail order shall automatically stand revoked. 9. The BLAPL is, accordingly, disposed of. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra) Judge Anil Designation: Junior Stenographer