Dibya Lochan Digal vs State Of Odisha .... Opposite Party
2025 Latest Caselaw 1715 Ori

Orissa High Court

Dibya Lochan Digal vs State Of Odisha .... Opposite Party on 25 July, 2025

Author: V. Narasingh

Bench: V. Narasingh

               IN THE HIGH COURT OF ORISSA AT CUTTACK

                          ABLAPL No.8243 of 2025

             Dibya Lochan Digal           ....            Petitioner
                                       Mr. D.K. Sahoo, Advocate
                                       Mr. G.B. Singh, Advocate
                                   -versus-

             State of Odisha              ....       Opposite Party
                                               Mr. S. K. Lenka, ASC

                                CORAM: JUSTICE V. NARASINGH

                                    ORDER

Order                             25.07.2025
No.
01.     1.       Heard learned counsel for the Petitioner and
        learned counsel for the State.

2. The Petitioner is seeking pre-arrest bail in connection with C.T. Case No.122 of 2024 pending in the Court of learned District Judge cum Special Judge, Phulbani, arising out of Gochhapada P.S. Case No.115 of 2024 for alleged commission of offences punishable under Section 20(b)(ii)(C) of NDPS Act.

3. Taking into account the nature of allegations it is submitted by the learned counsel that the Petitioner decamped by seeing the Police Party since there is no basis to implicate him in the case at hand hence, the Petitioner may be protected by pre-arrest bail.

4. The contraband involved in the case at hand is 60 Kg 200 gms (Ganja) and it is brought to the notice of this Court by the Public Prosecutor that in the meanwhile charge sheet has been filed on 05.03.2025 citing the Petitioner as absconder.

5. Learned counsel for the State opposes the prayer for pre-arrest bail.

6. Taking into account the nature of allegations the Bar contemplated under Section 37(1)(b)(ii) of NDPS Act and the filing of the charge sheet, in the light of the judgment of the Supreme Court in the case of State by the Inspector of Police vrs. B. Ramu, 2024 SCC OnLine SC 4073, this Court is not inclined to entertain the application for pre-arrest bail. However, in the event the Petitioner surrenders before the learned Court in seisin in the aforesaid case and moves an application for his release on bail, the same shall be considered on its own merit.

7. The ABLAPL is accordingly disposed of.

(V. NARASINGH) Judge

Jina

Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 25-Jul-2025 20:58:28