Orissa High Court
Jyoti Ranjan Nayak @ Kuni vs State Of Odisha ... Opposite Party on 16 October, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.10423 of 2025
Jyoti Ranjan Nayak @ Kuni ... Petitioner
Nayak
Mr. M.R.Padhy, Advocate
-versus-
State of Odisha ... Opposite Party
Mr. C.Mohanty, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
Order No. 16.10.2025
01. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. This is the bail application U/S.483 of the BNSS
by the petitioner for grant of bail in connection with
Mudulipada P.S. Case No.38 of 2017 corresponding to
C.T. Case No.131(A) of 2017 pending in the Court of
learned Additional Sessions Judge-cum-Special Judge,
Malkangiri, for commission of offences punishable
U/Ss.20(b)(ii)(C)/29 of the NDPS Act, on the main
allegation of selling of 102 Kgs. and 675 Grams of
Contraband Ganja to the co-accused persons.
3. Heard, Mr. M.R.Padhy, learned counsel for the
petitioners and Mr. C.Mohanty, learned Additional Public
Prosecutor in the matter and perused the record. Mr.
M.R.Padhy, learned counsel for the petitioner submits
to withhold the bail of the petitioner, if he is found to
have any criminal antecedent of similar nature for
commission of offence under NDPS Act.
3.1 Mr.Padhy by producing the photocopy of
certified copy of the judgment passed by the learned
Additional Sessions Judge-cum-Special Judge,
Malkangiri in C.T. No.131 of 2017 informs the Court
that the co-accused persons, namely, Nanda
Mahakalkar, Ajay Sunilrao Shende, Dhiraj Sureshrao
Wankhede and Amar Prabhakar Patil, who have been
allegedly found in possession of such contraband
article, have already been acquitted, and therefore, the
petitioner, who is detained in custody on the basis of
the statements of these four co-accused persons, may
kindly be granted bail.
4. On a careful scrutiny of the F.I.R., it reveals
that Nanda Mahakalkar, Ajay Sunilrao Shende, Dhiraj
Sureshrao Wankhede and Amar Prabhakar Patil have
allegedly been apprehended by the police personnel
while transporting the contraband article and the
present petitioner has been implicated in this case only
on the statements of these four co-accused persons,
but when the aforesaid co-accused persons have
already been acquitted after due trial, this Court
considers that the petitioner has satisfied the conditions
of Section 37 of NDPS Act. In such view of the matter
and after having considered the rival submissions and
on going through the materials placed on record, this
Court without expressing any view on merit admits the
petitioner to bail but subject to verification of his
criminal antecedent of similar nature.
5. Hence, the bail application of the petitioner
stands allowed and the petitioner is allowed to go on
bail on furnishing bail bonds of Rs.50,000/- (Rupees
Fifty Thousand) with one solvent surety 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.
6. In view of the specific submission of the
learned counsel for the petitioner, the benefit of this
order shall not be extended to the petitioner, if he is
found to have any criminal antecedent of similar nature
for commission of offence under NDPS Act.
7. Accordingly, the BLAPL stands disposed of.
8. Issue urgent certified copy of the order as per
Rules.
(G. Satapathy)
Judge
Manoj
