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2026 DAILYLAW 9084 (ORI)

SANTOSH KUMAR GOUDA v. STATE OF ODISHA

BLAPL/3726/2026 · 2026-05-06

Gourishankar Satapathy

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK Santosh Kumar Gouda (In BLAPL No.3726 of 2026) Narendra Dalei (In BLAPL No.3750 of 2026) … Petitioners Mr. J. Sahoo, Advocate (in both the BLAPLs) -versus- State of Orissa … Opposite Party Mr. M.R. Patra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 06.05.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Since these two bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties. 2. These two bail applications are U/S.483 of BNSS Act by the petitioners for grant of bail in connection with PR Case No.02 of 2026-27 corresponding to 2(a) CC Case No.06 of 2026(N) pending in the Court of learned Addl. Sessions Judge-cum-Special Judge, Khallikote for commission of offences punishable U/S. 20(b)(ii)(B) of the NDPS Act, on the allegation of jointly possessing 4Kgs of Contraband Ganja. 3. Heard, Mr. Jyotirmaya Sahoo, learned counsel for both the petitioners in BLAPL Nos.3726 & 3750 of 2026 and Mr. M.R. Patra, learned Additional Public Prosecutor in these two matters and perused the record. 4. After having considered the rival submissions and taking into account the material placed on record and regard being had to the pre-trial detention of the Petitioners in custody since 07.04.2026 with substantial progress in investigation and keeping in view the other circumstances on record in entirety including the well- recognized principle “bail is the rule, but jail is the exception” and the quantity of contraband ganja being for intermediate quantity, which does not attract the provision of Section 37 of NDPS Act, this Court without expressing any view on merit admits each of the Petitioners to bail. 5. Hence, the bail applications of the petitioners namely Santosh Kumar Gouda in BLAPL No.3726 of 2026 and Narendra Dalei in BLAPL No.3750 of 2026 stands allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it. 6. Accordingly, the BLAPLs stand disposed of. 7. Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference. (G. Satapathy) Judge Jayakrushna