Orissa High Court
Ajit Khan vs State Of Odisha ... Opposite Party on 26 June, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 12679 of 2024
Ajit Khan ... Petitioner
Mr. A.R. Panda, Advocate
-versus-
State of Odisha ... Opposite Party
Mr. P. Satpathy, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
26.06.2025
Order No.
07. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. This is the 2nd successive bail application
U/S.483 of BNSS by the petitioner for grant of bail in
connection with Bhubaneswar STF P.S. Case No.23 of
2021 corresponding to Special Case No.291 of 2024
pending in the file of learned 3rd Addl. Special Judge,
Balasore, for commission of offences punishable
U/Ss.21(c)/29 of the NDPS Act, on the main
allegation of assisting the co-accused for possessing
2.12Kgs of Brown Sugar.
3. Heard, Mr. Amulya Ratna Panda, learned
counsel for the petitioner and Mr. P. Satpathy,
learned Addl. Public Prosecutor in the matter and
perused the record. Mr. Panda at the outset informs
this Court that this is the 2nd bail application of the
petitioner, but no bail application of the petitioner is
pending before any other forum except this one.
4. Be it noted, Mr. Amulya Ratna Panda, learned
counsel for the petitioner supplies the copy of the
judgment passed by the 3rd Addl. Sessions Judge,
Balasore in Special Case No.158 of 2021, wherein the
principal accused Sajid Khan, who was found to have
in illegal possession of the aforesaid quantity of
Brown Sugar along with co-accused persons, has
already been acquitted, but the present petitioner is
in custody since 14.08.2024. Further co-accused
Irfan Khan@ Sk. Irfan has already been granted bail
by this Court in BLAPL No.605 of 2023. No doubt the
Contraband articles seized in this case is coming
under commercial quantity and thereby, the
conditions of Section 37 of NDPS Act may ordinarily
be attracted for grant of bail to the accused person,
however, the present petitioner was neither
apprehended from the spot nor was found in any
conscious possession of any Contraband article. In
the peculiar facts and circumstances, especially when
the co-accused, who is allegedly found in possession
of the Contraband article has already been acquitted,
this Court considers that the petitioner has satisfied
the conditions of Section 37 of NDPS Act.
5. For the reasons stated hereinabove and
regard being had to the pre-trial detention of the
petitioner in custody together with grant of bail to co-
accused Irfan Khan @ Sk. Irfan in BLAPL No.605 of
2023 and acquittal of principal accused Sajid Khan in
Special Case No.158 of 2021, this Court without
expressing any view on merits, admits the petitioner
to bail.
6. Hence, the bail application of the Petitioner
stands allowed and the Petitioner is allowed to go on
bail on furnishing bail bonds of Rs.1,00,000/-
(Rupees One Lakh) only with two solvent sureties
each for the like amount to the satisfaction of the
learned Court in seisin of the case on such terms and
conditions as deem fit and proper by it with following
conditions:-
(i) the petitioner shall not commit any
offence while on bail,
(ii) the petitioner in the course of trial shall
attend the trial Court on each date of
posting without fail unless his attendance is
dispensed with. In case the Petitioner
fails without sufficient cause to appear
in the Court in accordance with the
terms of the bail, the learned trial
Court may proceed against the
Petitioner for offence U/S.269 of BNSS
in accordance with law and
(iii) the petitioner shall report attendance
before the Jurisdictional Police Station once
in a fortnight preferably on Sunday of each
month in between 10 A.M. to 12 Noon for
three (03) months from the actual date of
release from the custody.
The I.I.C. of Jurisdictional Police Station shall
not detain the petitioner unnecessarily after recording
his attendance beyond the time as stipulated.
It is clarified that the Court in seisin of the
case will be at liberty to cancel the bail of the
petitioner without further reference to this Court, if
any of the above conditions are violated or a case for
cancellation of bail is otherwise made out. In the
wake of aforesaid, the subsequent involvement of the
petitioner in future for any offence under NDPS Act
on prima facie accusations may be treated as a
ground for cancellation of bail in this case.
The benefit of this order shall not be
extended to the petitioner, if he is found to have
any criminal antecedents of similar nature.
7. Accordingly, the BLAPL stands disposed of.
8. Issue urgent certified copy of the order as
per Rules.
(G. Satapathy)
Judge
S.Sasmal
Location: High Court of Orissa
Date: 30-Jun-2025 10:34:59
