[Cites 3, Cited by 0]
Orissa High Court
Abinash Sahoo @ Babul vs State Of Odisha .... Opposite Party(S) on 23 April, 2026
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb K Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.1642 of 2026
Abinash Sahoo @ Babul .... Petitioner(s)
Miss Nikhita Swain, Adv.
Mr. Anirudha Das, Adv.
-versus-
State of Odisha .... Opposite Party(s)
Smt. Sarita Moharana, ASC
CORAM:
HON'BLE DR.JUSTICE SANJEEB K PANIGRAHI
Order No. ORDER
01. 23.04.2026
F.I.R. Dated Police Case No. and Sections
No. Station Courts' Name
0378 05.05.2025 Sadar C.T. (Special) NDPS Sections 21(b) of the
Case No.05 of 2025 NDPS Act read with
arising out of Section 25(6) of the
Dhenkanal Sadar Arms Act
P.S. Case No.378 of
2025 pending
before the Court of
learned Judge,
Special Court,
Dhenkanal
1.
This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the Petitioner and learned
counsel for the State.
3. The Petitioner being in custody in connection with C.T.
(Special) NDPS Case No.05 of 2025 arising out of
Dhenkanal Sadar P.S. Case No.378 of 2025 pending
before the Court of learned Judge, Special Court,
Designation: Personal Assistant
Reason: Authentication
Location: High Court of Orissa
Date: 27-Apr-2026 19:03:06
Dhenkanal registered for the alleged commission of
offences under Sections 21(b) of the NDPS Act read
with Section 25(6) of the Arms Act, has filed this
application for his release on bail.
4. The brief fact of the case is that on 05.05.2025 at about
11.30 A.M. the Police personnel during course of
patrolling duty near Ostapal area, on getting credible
information regarding transportation of brown sugar,
detained the present Petitioner who was coming in a
motorcycle bearing registration No.OD-06-D-4527. On
search, they recovered one small polythene packet
containing contraband brown sugar and one pistol from
the conscious possession of the present Petitioner.
Accordingly, on completion of investigation and all the
formalities, the Petitioner was taken into custody. The
Petitioner has been languishing in custody since
05.05.2025.
5. Learned counsel for the Petitioner contends that the
Petitioner is an innocent person and the above noted
articles claimed to have been seized from his conscious
possession do not belong to him. He has been entangled
in this case only on suspicion. He has been in custody
near about one year. He, accordingly, prays for
permitting the Petitioner to be released on bail.
Designation: Personal Assistant
Location: High Court of Orissa
Date: 27-Apr-2026 19:03:06
6. Learned counsel for the State vehemently opposes the
prayer for bail of the present Petitioner. She further
submits that such type of offences is not tolerable in a
law abiding society. She, accordingly, prays for
dismissal of this BLAPL.
7. Considering the submissions made on behalf of both
the parties, this Court without going into the merits of
the case, directs the court in seisin over the matter to
release the present Petitioner on bail in the aforesaid
case on some stringent terms and conditions with
further conditions that:
i. the Petitioner shall appear before the
concerned local Police Station on every
alternate Sunday between 10.00A.M. to
12.00P.M. till conclusion of the trial;
ii. the Petitioner shall appear before the learned
Court in seisin over the matter on each date of
posting of the case;
iii. the Petitioner shall not indulge himself in
any criminal activities in future;
iv. the Petitioner shall not tamper the evidence
of the prosecution witnesses in any manner;
8. Violation of any of the above conditions shall entail
cancellation of the bail.
9. This BLAPL is, accordingly, disposed of.
Designation: Personal Assistant
Judge
Reason:Ayaskanta
Authentication
Location: High Court of Orissa
Date: 27-Apr-2026 19:03:06
