[Cites 5, Cited by 0]
Orissa High Court
Hemanta Pruseth @ Aditya vs State Of Odisha ... Opposite Party on 8 April, 2026
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
Hemanta Pruseth @ Aditya ... Petitioners
(In BLAPL No.1573 of 2026)
Dharani Bagarti
(In BLAPL No.1645 of 2026)
Mr. S. Bahadur, Advocate
(In BLAPL No.1573 of 2026)
Mr. S.S. Pattnaik, Advocate
(In BLAPL No.1645 of 2026)
-versus-
State of Odisha ... Opposite Party
Mr. C. Mohanty, Addl. PP
CORAM: JUSTICE G. SATAPATHY
Order No. ORDER(ORAL):08.04.2026
01. 1. These matters are taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. 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.
3. These are bail applications U/S.483 of BNSS by
the petitioners for grant of bail in connection with
Sundargarh Town PS Case No.407 of 2025
corresponding to Special GR Case No.128/01 of 2025-
26 (GR Case No.128 of 2025) pending in the Court of
learned Additional District and Sessions Judge,
Sundargarh, for commission of offences punishable
U/S.21(C)/25/29 of NDPS Act, on the main allegation of
transporting 235bottles of 100ml Corex Cough Syrup
containing codeine phosphate in a Bolero bearing Regd.
No.OD-16-A-4035, along with co-accused persons.
4. Heard, Mr. Samarendra Bahadur, learned
counsel for the petitioner in BLAPL No.1573 of 2026,
Mr. Sumit Sekhar Pattnaik, learned counsel for the
petitioner in BLAPL No.1645 of 2026 and Mr. C.
Mohanty, learned Addl. PP in these matters and
perused the record. On being queried about the
criminal antecedents of the petitioners, Mr. Bahadur
and Mr. Pattnaik jointly volunteer to withhold bail to the
petitioners, if he/they is/are found to have any criminal
antecedent of similar nature for commission of offence
under NDPS Act.
5. Admittedly, the petitioners are in custody
since 15.09.2025, but in the meantime, charge-sheet
has already been submitted, however, there is no
immediate prospect of trial, but it is claimed that the
petitioners are not having any criminal antecedent of
similar nature. In such view of the matter and taking
into consideration the materials placed on record, the
petitioners would be considered to have satisfied the
conditions of Section 37 of NDPS Act, if they are not
having any criminal antecedent of similar nature.
6. For the reasons stated hereinabove and taking
into account the custodial period of the petitioners and
keeping in view the grant of bail to co-accused namely
Jitendra Kishan & Jambeswar Chita (In BLAPL No.22 of
2026) and Altaf Ansari @ Singh (In BLAPL No.408 of
2026), this Court without expressing any view on merit
admits each of the petitioners to bail, but subject to
verification of their criminal antecedents for similar
nature.
7. Hence, these two bail applications of the
petitioners namely Hemanta Pruseth @ Aditya (In
BLAPL No.1573 of 2026) and Dharani Bagarti (In BLAPL
No.1645 of 2026) stand allowed and the petitioners are
allowed to go on bail on furnishing bail bonds of
Rs.1,00,000/- (Rupees One Lakh) each 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.
In view of the specific submission for the
petitioners, the benefit of the aforesaid order shall not
be extended to the concerned petitioner(s), if he/they
is/are found to have criminal antecedent(s) of similar
nature for commission of offence under NDPS Act.
8. Accordingly, these BLAPLs stand disposed of.
Issue urgent certified copy of the order as per Rules. A
soft copy of this order be immediately communicated to
the concerned Court, who shall afterwards
communicate the same to the concerned Jail through e-
mail for reference.
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(G. Satapathy)
Judge
Subhasmita
Location: High Court of Orissa
