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2072 DAILYLAW 2 (ORI)

SUNNY KUMAR v. STATE OF ODISHA

BLAPL/2072/2026 · 2026-04-22

V Narasingh

body2072

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2072 of 2026 Sunny Kumar …. Petitioner Mr. S.K.Panda, Advocate S -versus- 1.State of Odisha …. Opposite Party Mr. A.K. Pati, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 22.04.2026 01. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. The Petitioner is an accused in connection with 2(a)CC Case No. 42 of 2025, pending in the Court of learned Special Judge, Jharsuguda, arising out of PR No. 234 of 2025-2026, for commission of alleged offences under U/s 20(b)(ii)(C) of the NDPS Act. 3. Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. Case is pending in any other Court. 4. Being aggrieved by the rejection of his application for bail U/s. 483 of the BNSS by the learned Special Judge, Jharsuguda by order dated 12.02.2026, the present BLAPL has been filed. 5. It is submitted by the learned counsel for the Petitioner that he is in custody since 03.10.2025 on the accusation of possession of contraband (ganja) to the tune of 23 kgs. 6. It is submitted by the learned counsel that since charge sheet has already been filed and the Petitioner does not have any criminal proclivity and there is no chance of early trial, he may be protected by pre-arrest bail. 7. It is further submitted by the learned counsel that there is reasonable apprehension of wrongful weighment just to attract Section 37(1)(b)(ii) of the NDPS Act. Hence, he seeks release on bail. 8. Learned counsel for the State submits that such submission is figment of imagination of the Petitioner and ought not to weigh with this Court. 9. Considering the period of incarceration and there is bleak chance of early trial, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin. 10. Before releasing, learned Court in seisin is requested to verify the criminal antecedent of the Petitioner from his parent police station i.e. P.S- Muffasil, P.O.-Gultenganj, Dist. Saran, State-Bihar. If it comes to the fore that the Petitioner has any criminal antecedent, this order shall not be given effect to. 11. To allay the legitimate apprehension of the learned Public Prosecutor regarding ensuring the presence of the Petitioner during trial since, he does not belong to the State of Odisha, additionally it is directed that Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin. 12. It is further directed that one of the family member of the Petitioner shall execute P.R bond in addition to the sureties so fixed. 13. Accordingly, the BLAPL stands disposed of. U.C.C as per rules. (V. NARASINGH) Judge Soumya Designation: Jr. Stenographer