Orissa High Court
2023) vs State Of Odisha .... Opposite Party on 13 May, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL Nos. 12767 of 2024 & 466 of 2025
(In the matter of applications Under Section 483 of BNSS,
2023)
Deepak Kumar .... Petitioners
(In BLAPL No.12767 of 2024)
Avinas Maurya
(In BLAPL No.466 of 2025)
-versus-
State of Odisha .... Opposite Party
For Petitioner : Mr. D. Mishra, Advocate
(In BLAPL No.12767 of 2024)
Mr. L. Pradhan, Advocate
(In BLAPL No.466 of 2025)
For Opposite Party : Mr. R.B. Mishra, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
DATE OF HEARING & JUDGMENT:13.05.2025(ORAL)
G. Satapathy, J.
1. Since these two bail applications arise out
of one and same case record, the same are heard
together and disposed of by this common order with
the consent of the learned counsel for the parties.
2. These two bail applications are U/S.483 of
BNSS Act by the petitioners for grant of bail in
connection with Adava PS Case No.49 of 2023 arising
out of GR Case No.29 of 2023 pending in the Court of
learned Sessions Judge-cum-Special Judge, Gajapati,
At-Paralakhemundi, for commission of offences
punishable U/S.20(b)(ii)(c)/25/29 of the NDPS Act, on
the allegation of transporting 114 Kgs 400 Grams of
Contraband Ganja in a Tata Naxon Car bearing dual
Regd. No.OD-02-CG-5808 (fake number) and UP-47-W-
9779, along with co-accused person.
3. Heard, Mr. Dayanidhi Mishra, learned
counsel for the Petitioner in BLAPL No.12767 of 2024;
Mr. Laxman Pradhan, learned counsel for the Petitioner
in BLAPL No.466 of 2025 and Mr. R.B. Mishra, learned
Addl. Public Prosecutor in both the bail applications and
perused the record.
4. Admittedly, the Petitioners are in custody
since 29.03.2023, but trial is yet to be concluded and
as per the report of the learned trial Court, only six out
of twenty charge-sheeted witnesses have been
examined in the meanwhile. In the circumstance, as to
when the trial would be concluded is still a guess, but
keeping a person in confinement for indefinite period
without assurance of right to speedy trial is against the
right to life and liberty as guaranteed under Article 21
of Constitution of India. The quantity of Contraband
Ganja seized in this case is commercial in nature and
the conditions of Section 37 of NDPS Act may ordinarily
be attracted. However, no criminal antecedent has been
reported against any of the Petitioners, but in the
peculiar facts and circumstance of the case, this Court
considers the conditions of Section 37 of NDPS Act may
be dispensed with for the Petitioners at this stage.
5. For the reason stated hereinabove and
taking into account the long custody period of the
Petitioners, this Court without expressing any view on
merit admit the Petitioners to bail.
6. Hence, these two bail applications of the
Petitioners namely Deepak Kumar in BLAPL No.12767
of 2024 and Avinas Maurya in BLAPL No.466 of 2025
are allowed and each of the Petitioners is allowed to go
on bail on furnishing bail bonds of Rs.1,00,000/-
(Rupees One Lakh) only with two solvent sureties 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 petitioners shall not commit any
offence while on bail,
(ii) the petitioners in the course of trial
shall attend the trial Court on each date of
posting without fail unless their
attendance is dispensed with. In case
the Petitioners fail without sufficient
cause to appear in the Court in
accordance with the terms of the bail,
the learned trial Court may proceed
against the Petitioners for offence
U/S.269 of BNS, 2023 in accordance
with law,
(iii) the petitioners shall not leave the
territorial jurisdiction of the trial Court
without prior permission till disposal of the
case by intimating their present address
of stay to the concerned Court,
(v) the petitioners shall report attendance
before the Jurisdictional Police Station
once in a fortnight preferably on a Sunday
in each month in between 10 A.M. to 12
Noon for six (06) months from the actual
date of release from the custody.
The I.I.C. of Jurisdictional Police Station
shall not detain the petitioners unnecessarily after
recording their 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
petitioners 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
petitioners 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.
7. Accordingly, the BLAPL Nos.12767 of 2024
and 466 of 2025 stand disposed of.
8. Issue urgent certified copy of the order as
per Rules.
(G. Satapathy)
Judge
Orissa High Court, Cuttack,
Signature NotDated the 13th day of May, 2025/Jayakrushna
Verified
Digitally Signed
Signed by: JAYAKRUSHNA DASH
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 14-May-2025 19:35:15
