Orissa High Court
Udhab Digal vs State Of Odisha .... Opposite Party on 23 May, 2025
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.5810 of 2025
Udhab Digal .... Petitioner
Mr. S. Dwibedi, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. C.R. Swain, AGA
ABLAPL No.5997 of 2025
Purusottama @
Purastam Digal .... Petitioner
Mr. S.K. Biswal, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. C.R. Swain, AGA
CORAM: JUSTICE V. NARASINGH
ORDER
23.05.2025
Order No.
01. 1. Since both the matters arise out of same FIR,
they are heard together and disposed of by this
common order.
2. Heard learned counsel for the Petitioners and
learned counsel for the State
3. The Petitioners are seeking pre-arrest bail in
connection with C.T. Case No.35-A of 2020 pending in
the Court of learned Special Judge, Phulbani, arising out
of Gochhapada P.S. Case No.35 of 2020 for commission
of offence punishable under Section 20(b)(ii)(C) of the
N.D.P.S Act.
4. It is submitted by the learned counsel that the
Petitioner in ABLAPL No.5810 of 2025 was earlier before
this Court in ABLAPL No.1768 of 2025 and by judgment
dated 01.05.2025 this Court, taking into account the
acquittal of the co-accused and violations of the
mandatory provisions contained in Sections 42(2) and
57 of the NDPS Act, directed release of the Petitioner
subject to verification of criminal antecedents of any
nature.
5. It is further submitted that inadvertently it could
not be brought to the notice of this Court that the
Petitioner has been cited as an accused in Gochhapada
P.S. Case No.7 of 2018 under Sections 498-A and other
allied offences in which he is on bail. It is submitted by
the learned counsel for the Petitioner, that ought not to
deter this Court from considering the prayer for pre-
arrest bail.
6. So far as the prayer for pre-arrest bail of the
Petitioner in ABLAPL No.5997 of 2025 is concerned, it is
submitted, on instruction, that the Petitioner has no
criminal antecedent save and except the case at
hand.
7. Learned counsel for the State opposes the
prayer for pre-arrest bail of Petitioner in ABLAPL
No.5810 of 2025, inter alia, on the ground of criminal
antecedent.
8. Taking into account the nature of antecedent
and the same is not under the NDPS Act and the
ground on which the Petitioner in ABLAPL No.5810 of
2025 has been granted anticipatory bail, it is directed
that on surrendering within three weeks hence and
moving for bail, the Petitioners shall be released on bail
by the learned Court in seisin on such terms as deemed
just and proper.
9. Accordingly, both the ABLAPLs stand disposed
of.
(V. NARASINGH)
Vacation Judge
PKS
Signed by: PRADEEP KUMAR SWAIN
Designation: Assistant Registrar-cum-Senior Secretary
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 24-May-2025 14:27:45
