[Cites 3, Cited by 0]
Orissa High Court
Satya Prakash Sahoo vs State Of Odisha ..... Opposite Party on 22 April, 2026
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.1967 of 2026
Satya Prakash Sahoo ..... Petitioner
Represented by Adv. -
Hrudananda Dalai
-versus-
State Of Odisha ..... Opposite Party
Represented by Adv. -
Mr. S. Behera, AGA
CORAM:
MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
22.04.2026
Order No.
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel appearing for the Petitioner and
learned Additional Govt. Advocate appearing for the State-
Opposite Party. Perused the materials placed before this Court.
3. The present bail application under Section 483 of B.N.S.S.
has been filed by the Petitioner for regular bail in connection with
C.T. (NDPS) Case No. 01 of 2026, arising out of P.R. No.173/25-
26 dated 02.01.2026 pending in the Court of learned District and
Sessions Judge-cum-Special Judge, Jajpur for alleged commission
of offence punishable under Sections 21(b) of the N.D.P.S. Act.
4. It is stated by the learned counsel for the Petitioner that the
Petitioner is languishing in custody since 02.01.2026. He further
contended that in the meantime investigation has been concluded
and final charge sheet has been filed. It was also contended that in
the meantime charge has been framed and the trial is likely to be
commenced soon.
5. Learned counsel for the Petitioner further submitted that as
per the allegation of the prosecution a total quantity of 19 grams
of brown sugar was recovered from the possession of the present
Petitioner. Learned counsel for the Petitioner, at this juncture,
seriously disputed the recovery of the alleged contraband brown
sugar from the possession of the present petitioner. He further
submitted that the Petitioner does not have been any similar
criminal antecedents and that he belongs to the locality.
Therefore, there is no chance of his absconding. On such ground,
learned counsel for the Petitioner contended that the Petitioner be
released on bail on any stringent terms and conditions.
6. Learned counsel for the State on the other hand objected to
release of the Petitioner on bail on the ground of the gravity and
seriousness of the allegation. He further submitted that such type
of illegal transporting of contraband articles is on the rise in the
State of Odisha. It was submitted that although the Petitioner
belongs to the locality in the event the Petitioner is released on
bail there is a possibility that he might be involved in similar
criminal offences. On such ground, learned counsel for the State
submitted that the present bail application is devoid of merit and
accordingly, the same should be dismissed.
7. Having heard the learned counsels appearing for the
respective parties and on a careful examination of the surrounding
facts and circumstances as well as the nature of allegation.
Further taking into consideration the fact that the bar under
Section 37 of the NDPS Act would not be attracted to the
Petitioner and keeping in view the period of custodial detention
and the fact that the charge-sheet has already been filed and that
the Petitioner does not have any similar criminal antecedents, this
Court is inclined to release the Petitioner on bail subject to
imposition of stringent conditions.
8. Hence, it is directed that the Petitioner be released on bail
in the aforesaid case on furnishing bail bond of Rs.40,000/-
(Rupees Forty thousand) with two local solvent sureties each for
the like amount to the satisfaction of the Court in seisin over the
matter. Release of the Petitioner shall also subject to the
following conditions:-
i) he shall not be involved in any offence of similar nature;
ii) he shall not tamper with the prosecution evidence or try to
threaten or influence the witnesses in any manner whatsoever;
iii) he shall not make any default in attending the court during
trial on each date without fail;
iv) he shall appear before the jurisdictional Police Station
once in a week, preferably on Sunday in between 10.00 A.M.
to 1 P.M., for a period of two months. Thereafter, once in a
fortnight for a period of three months. Thereafter, once in a
month till conclusion of the trial.
9. It is open for the Court in seisin over the matter to impose
any other conditions as may be deemed just and proper. Violation
of any of the aforesaid conditions shall entail cancellation of the
bail application.
10. It is further directed that the bail granted to the Petitioner is
subject to the condition that the court below shall verify whether
the Petitioner is having any criminal antecedent of similar nature.
In the event it is found that the Petitioner is having any similar
criminal antecedent under the offences of NDPS Act, this bail
order shall automatically stand revoked.
11. The BLAPL is, accordingly, disposed of.
( A.K. Mohapatra)
Judge
Sisir
Designation: PERSONAL ASSISTANT
