Deepak Kumar vs State Of Odisha Vs

G. Satapathy, J

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.

These two bail applications are U/S.483 of BNSS Act by the petitioners for grant of bail in connection with Adava PS Case No.49 of 2023 arising out of GR Case No.29 of 2023 pending in the Court of learned Sessions Judge-cum-Special Judge, Gajapati, At-Paralakhemundi, for commission of offences punishable U/S.20(b)(ii)(c)/25/29 of the NDPS Act, on the allegation of transporting 114 Kgs 400 Grams of Contraband Ganja in a Tata Naxon Car bearing dual Regd. No.OD-02-CG-5808 (fake number) and UP-47-W-9779, along with co-accused person.

Heard, Mr. Dayanidhi Mishra, learned counsel for the Petitioner in BLAPL No.12767 of 2024; Mr. Laxman Pradhan, learned counsel for the Petitioner in BLAPL No.466 of 2025 and Mr. R.B. Mishra, learned Addl. Public Prosecutor in both the bail applications and perused the record.

Admittedly, the Petitioners are in custody since 29.03.2023, but trial is yet to be concluded and as per the report of the learned trial Court, only six out of twenty charge-sheeted witnesses have been examined in the meanwhile. In the circumstance, as to when the trial would be concluded is still a guess, but keeping a person in confinement for indefinite period without assurance of right to speedy trial is against the right to life and liberty as guaranteed under Article 21 of Constitution of India. The quantity of Contraband Ganja seized in this case is commercial in nature and the conditions of Section 37 of NDPS Act may ordinarily be attracted. However, no criminal antecedent has been reported against any of the Petitioners, but in the peculiar facts and circumstance of the case, this Court considers the conditions of Section 37 of NDPS Act may be dispensed with for the Petitioners at this stage.

For the reason stated hereinabove and taking into account the long custody period of the Petitioners, this Court without expressing any view on merit admit the Petitioners to bail.

Hence, these two bail applications of the Petitioners namely Deepak Kumar in BLAPL No.12767 of 2024 and Avinas Maurya in BLAPL No.466 of 2025 are allowed and each of the Petitioners is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/-(Rupees One Lakh) only 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 with following conditions:-

(i) the petitioners shall not commit any offence while on bail,

(ii) the petitioners in the course of trial shall attend the trial Court on each date of posting without fail unless their attendance is dispensed with. In case the Petitioners fail without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioners for offence U/S.269 of BNS, 2023 in accordance with law,

(iii) the petitioners shall not leave the territorial jurisdiction of the trial Court without prior permission till disposal of the case by intimating their present address of stay to the concerned Court,

(v) the petitioners shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on a Sunday in each month in between 10 A.M. to 12 Noon for six (06) months from the actual date of release from the custody.

The I.I.C. of Jurisdictional Police Station shall not detain the petitioners unnecessarily after recording their attendance beyond the time as stipulated.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioners without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioners in future for any offence under NDPS Act on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL Nos.12767 of 2024 and 466 of 2025 stand disposed of.

Issue urgent certified copy of the order as per Rules.