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Orissa High Court
Banita Pradhan vs State Of Odisha .... Opp. Party on 21 April, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.1823 of 2026
1.
Banita Pradhan .... Petitioners
2. Malisi Mallick @ Sukanti
Mr. Amlan Shakti Paul, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. Aurobinda Mohanty, ASC
CORAM: JUSTICE SIBO SANKAR MISHRA
Order ORDER
No. 21.04.2026
02.
1. The petitioners are accused in connection with
Baghamari P.S. Case No.44 of 2026 corresponding to
T.R. No.30 of 2026 for the alleged commission of the
offence punishable under Section 20(b)(ii)(B)/29 of the
N.D.P.S. Act, pending in the Court of the learned 1st
Additional Sessions Judge-cum-Special Judge under
N.D.P.S. Act, Khurda. The petitioners had approached
the learned Special Judge under NDPS Act, Khurda in
T.R. No.30 of 2026 praying for grant of bail. The
learned Court below vide its order dated 13.02.2026
rejected the bail application of the petitioners. Being
aggrieved, the petitioners have filed the present
petition under 483 of BNSS, 2023 praying for
enlargement on bail.
2. Learned counsel for the petitioners, on instruction
from the petitioners, submits that except the present
bail application, no other bail application of the
petitioners is pending in any other Court relating to
the aforesaid F.I.R.
3. The prosecution case is that on 11.02.2026 at
about 10.05 a.m., when the informant, who was the
A.S.I. of Brahmagiri Police Station was present in the
Police Station, got information from the reliable source
that, the accused persons were standing near
Baghamari Bus Stop for transporting the contraband
articles. On getting such information, they proceeded
to the spot, apprehended the accused persons and
recovered 11 kgs. of contraband ganja from the
possession of the petitioners. Hence, the case.
4. The petitioners have been in the jail custody since
11.02.2026.
5. Regard being had to the quantity of contraband
ganja recovered from the petitioners and the period of
custody of the petitioners since 11.02.2026, I am
inclined to enlarge the petitioners on bail.
6. Hence, the petitioners are directed to be released on
bail by the learned Court in seisin over the matter in
the aforesaid case on such terms and conditions as it
would deem just and proper, subject to the following
additional conditions:
(i) The petitioners shall appear before the I.I.C. of
the concerned Police Station on every Sunday between
10.00 A.M. and 12.00 P.M. for at least three months;
(ii) They shall not leave the jurisdiction of the trial
Court till the disposal of the trial;
(iii) They shall appear before the trial Court on
each date on which the case is posted for trial;
(iv) They shall not tamper with the evidence in
any manner whatsoever;
(v) They shall not commit any offence while on
bail, and
(vi) They shall be released on bail subject to
verification of similar type of antecedents.
In the event the petitioners are found wanting
for violation of any of the bail conditions imposed by
this Court or the trial Court even on a single occasion,
the prosecution is at liberty to move appropriate
application before the Court below for cancellation of
the concession of bail granted by this Court. If such
application is filed, the trial Court should decide the
application on its own merit.
7. The BLAPL is accordingly disposed of.
Signed Judge
Designation: Personal Assistant
Reason: Authentication
Location: High Court of Orissa, Cuttack.
Date: 21-Apr-2026 19:32:58
