Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.2079 of 2026
Dharmendra Swain @ Mantu …. Petitioner
Mr. D.Acharya, Advocate
-versus-
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 Spl. 2 (a) CC Case No. 05 of 2026, pending in the Court of learned Sessions Judge cum Spl. Judge, Nayagarh, arising out of P.R. Case no. 95 of 2025- 2026, for commission of alleged offences under Section 21(b) 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 Spl. Judge, Nayagarh by order dated 17.02.2026, the present BLAPL has been filed.
5. It is submitted by the learned counsel that the Petitioner is in custody since 02.02.2026 on the accusation of possession of contraband to the tune of 80 grams (Brown Sugar).
6.
Learned counsel for the State opposes the prayer for bail.
7. Since admittedly consideration of the learned trial Court during the currency of investigation and the Petitioner has criminal proclivity of similar nature, this Court is of the considered view that, it would not be prudent to consider the application for bail, during currency of investigation, without having the benefit of evaluation of incriminating materials qua the Petitioner, post charge sheet by the learned Court in seisin.
8. Liberty is granted to the Petitioner to renew his prayer before for the learned Court in seisin after submission of final form, which shall be considered on
its own merits without being influenced by the earlier rejection or the order passed by this Court.
9. Accordingly, the BLAPL stands disposed of. U.C.C as per rules.
(V. NARASINGH)
Judge Soumya
Designation: Jr. Stenographer