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2087 DAILYLAW 1 (ORI)

JAGESHWAR DEWANGAN v. STATE OF ODISHA

BLAPL/2087/2026 · 2026-04-22

Sibo Sankar Mishra

body2087

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2087 of 2026 Jageshwar Dewangan …. Petitioner Mr.Braja Kishore Panda, Advocate -versus- State of Odisha …. Opp. Party Ms. Suvalaxmi Devi, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 22.04.2026 02. 1. The petitioner is an accused in connection with P.R. No.294/2025-26 of Nuapada Excise Station, corresponding to SA Case No.06 of 2026 registered for the alleged commission of the offence punishable under Section 20(b)(ii)(B) of the N.D.P.S. Act, pending in the Court of the learned District & Sessions Judge- cum-Special Judge, Nuapada. The petitioner had approached the learned Special Judge, Nuapada in SA No.06 of 2026 praying for grant of bail. The learned Court below vide its order dated 20.02.2026 rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 483 of BNSS, 2023 praying for enlargement on bail. Page 2 of 4 2. Learned counsel for the petitioner, on instruction from the petitioner, submits that except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. 3. The prosecution case is that on 19.02.2026 at about 5 A.M., when the informant along with other staff were performing patrolling duty near Ghatipada village area of Lakhana Thana, they got information from reliable source that the petitioner was transporting ganja in a blue colour motorcycle and going towards Nuapada. The informant with their team proceeded to the spot and apprehended the petitioner. On search, they found a white colour jerry bag containing 2 kgs. of contraband ganja from his possession. Hence, the case. 4. Ms. Suvalaxmi Devi, learned Additional Standing Counsel appearing for the State opposed the prayer for bail on the ground that the petitioner belongs to Chhatishgarh. 5. The petitioner has been in the jail custody since 19.02.2026. 6. Regard being had to the quantity of contraband ganja recovered from the petitioner and the period of custody of the petitioner since 19.02.2026, I am inclined to enlarge the petitioner on bail. 7. Hence, the petitioner is directed to be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions: (i) The petitioner shall appear before the I.I.C. of the concerned Police Station on last Sunday of the month between 10.00 A.M. and 12.00 P.M. for at least three months; (ii) He shall not leave the jurisdiction of the trial Court till the disposal of the trial; (iii) He shall appear before the trial Court on each date on which the case is posted for trial; (iv) He shall not tamper with the evidence in any manner whatsoever; (v) He shall not commit any offence while on bail, and (vi) He shall be released on bail subject to verification of similar type of antecedents. 8. To allay the apprehension of the learned counsel for the State, the petitioner shall also furnish the local solvent surety for Rs.20,000/- (Rupees twenty thousand) along with personal bond of Rs 50,000/-. In the event the petitioner is found wanting for violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the Subhasis prosecution is at liberty to move appropriate application before the Court below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit. 9. The BLAPL is accordingly disposed of. (S.S. Mishra) Judge Designation: Personal Assistant Location: High Court of Orissa, Cuttack. Date: 24-Apr-2026 07:55:34