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2026 DAILYLAW 9979 (ORI)

LIPU JENA v. STATE OF ODISHA

BLAPL/3432/2026 · 2026-05-05

S K Panigrahi

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3432 of 2026 Lipu Jena …... Petitioner Mr. Siddharth Goutam Das, Adv. -Versus- State of Odisha …. Opposite Parties Mr. Sonak Mishra, ASC CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 05.05.2025 Order No. 01. F.I.R No. Dated Police Station Case No. and Courts’ Name Sections 14 13.01.2026 Bolagarh T.R Case No.8 of 2026 pending in the Court of learned 2nd Additional Sessions Judge- cum-Special Judge under NDPS Act, Khurda U/S. 21(b) Of NDPS Act and Section 25 of the Arms Act 1. This matter is taken up through hybrid arrangement. 2. The petitioner being in custody in connection with Bolagarh P.S. Case No.14 of 2026, corresponding to T.R Case No.8 of 2026 pending in the Court of learned 2nd Additional Sessions Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 07-May-2026 16:52:51 Signature Not Verified Judge-cum-Special Judge under NDPS Act, Khurda registered for the alleged commission of offence under Section 21(b) of NDPS Act and Section 25 of the Arms Act, has filed this petition for his release on bail. 3. The brief fact of the case in short is that on 13.01.2026 one Hadubandhu Dash reported that on the said date while he was in the police station he received reliable information regarding selling and dealing of brown sugar. Thereafter, he along with his staff conducted raid and apprehended the accused person along with sealed packets containing contraband articles and one country made 7mm pistol and three rounds of live ammunition. 4. Learned counsel for the Petitioner submits that this Petitioner being arrested in the case is in custody since 13.01.2026 and in the meantime, charge sheet has already been submitted on 14.03.2026. The Petitioner is a young boy aged about 23 years and he has no criminal antecedents to his credit. In view of all these above, when the Petitioner is a permanent resident of District Khurda as also the question of tampering with the evidence does not arise, he urges for consideration of prayer for grant of bail to the Petitioner. 5. Learned counsel for the State vehemently opposes the prayer for bail. Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 07-May-2026 16:52:51 Signature Not Verified 6. Considering the facts and keeping in view the submission of learned counsel for the Petitioner and on going through the surrounding circumstances, without going into the merit of the case, this Court is of the view that there is no requirement of keeping the Petitioner inside the custody any further. Accordingly, this Court directs that the Petitioner be released on bail in the aforesaid case by the Court in seisin over the matter on some stringent terms and conditions with further conditions that: i. the petitioner shall appear before the local Police Station on 1st Monday of every month between 10 A.M. to 1.00 P.M. till the conclusion of the trial; ii. the Petitioner shall not indulge himself in any criminal activities in future; iii. the Petitioner shall not tamper the evidence of the prosecution evidence in any manner; Violation of any of the above conditions shall entail cancellation of the bail. 7. The BLAPL is, accordingly, disposed of. (Dr. Sanjeeb K Panigrahi) Judge Gitanjali