BLAPL/7758/2026 of SOURABHA @ SOURAV GHOSAL Vs STATE OF ODISHA on 10 September 2026

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. This is an application U/S.483 of BNSS Act by the petitioner for grant of bail in connection with Nimapada Range PR Case No.84 of 2025-26 corresponding to TR Case No.16 of 2026 pending in the Court of learned Addl. Sessions Judge-cum-Special Judge, Nimapada for commission of offences punishable U/S. 21(b) of the NDPS Act, on the main allegation of possessing 221grams of Heroin.

3. Heard, Mr. S.K. Zafarulla, learned counsel for the petitioner and Mr. M.R. Patra, learned Additional Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioner, Mr. Zafarulla volunteers to withhold bail to the petitioner, if he is found to have any pending criminal antecedent for commission of offence under NDPS Act.

4. After having considered the rival submissions and ongoing through the material placed on record and regard being had to the pre-trial detention of the Petitioner in custody since 02.01.2026 with framing of charge in the meantime and taking into account the other circumstances on record in entirety including the inherent right of the accused-petitioner to be presumed innocent until proven guilty at the trial and the witnesses having not yet been examined and lastly, no materials being placed on record to suggest that the petitioner would abscond or pose threat to the witnesses, if release on bail, this Court without expressing any view on merit admits the Petitioner to bail, but subject to verification of his pending criminal antecedent.

5. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions except cash surety as deem fit and proper by it.

In view of the specific submission as advanced for the petitioner, the benefit of this order shall not be extended to the petitioner, if he is found to have any pending criminal antecedent for commission of offence under NDPS Act. Needless to say, the acquittal of the accused in any case does not constitute a criminal antecedent.

6. Accordingly, the BLAPL stands 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.

(G. Satapathy)

Judge Jayakrushna Digitally Signed Signed by: JAYAKRUSHNA DASH Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 10-Sep-2026 19:59:42 Signature Not Verified