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2026 DAILYLAW 9834 (ORI)

UMESH KARNA v. STATE OF ODISHA

ABLAPL/1865/2026 · 2026-03-30

R K Pattanaik

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 1865 of 2026 Umesh Karna …. Petitioner Mr. Bikash Karna, Advocate -Versus- State Of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 30.03.2026 01. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioner in connection with Kantamal P.S. Case No. 284 of 2025 arising out of Special Case No. 281 of 2025(NDPS) pending in the file of learned Additional Sessions Judge-cum-Special Judge, Kantamal on the grounds stated. 3. Perused the FIR as at Annexure-1. Learned counsel for the petitioner submits that the present accused is a labourer and was involved in cleaning grass from the field which was being used for growing Cannabis plants and hence, considering his limited role, he should be allowed to go on bail with conditions which is seriously opposed by learned counsel for the State for the reason that large tract of land has been used for such p. 2 cultivation. It is informed to the Court that one case which was pending against the petitioner for an offence under the SC &ST (PoA) Act has been disposed of and at present, he has no other antecedent. Recording such submission and objection of the State and the engagement of the petitioner only for cleaning grass without any evidence on record to show his direct involvement in the cultivation of cannabis plants, this Court though not in favour of granting pre-arrest bail to him, but is of the view that he should surrender before the learned court below for being released by the following order. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioner surrenders before the court concerned within a fortnight from today in connection with Special Case No. 281 of 2025(NDPS) corresponding to Kantamal P.S. Case No. 284 of 2025 shall be released on bail with other conditions to be imposed by the learned Additional Sessions Judge-cum-Special Judge, Kantamal. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge kabita