BLAPL/6804/2026 of SUNIL HANS Vs STATE OF ODISHA on 2 September 2026

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

2. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Sonepur PR No.35 of 2024-25 corresponding to Special 2(a)CC Case No.18 of 2024 pending in the Court of learned Additional Sessions Judge-Cum- Special Judge, Sonepur, for commission of offence punishable U/S.20(b)(ii)(C) of the NDPS Act, on the main allegation of transporting 60Kgs of Contraband Ganja in a Chevrolet Car bearing Regd. No.OD-14-A- 9851, along with co-accused persons.

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

4. Admittedly, the petitioner was taken into custody on 30.05.2024, but the trial is yet to be concluded, even the PR was submitted in this case in the year 2024 and, in the meantime, two co-accused persons namely Chandra Mahakul and Ashish Nayak have already been granted bail by a co-ordinate Bench of this Court in BLAPL Nos.6155 & 6401 of 2024. In the peculiar facts and circumstances of the case and on consideration of materials placed on record together with the claim of the petitioner for not having any criminal antecedent of similar nature, the petitioner would be considered to have satisfied the conditions of Section 37 of NDPS Act, if he is not having any criminal antecedent for commission of offences under NDPS Act.

5. For the reasons stated hereinabove and taking into account the pre-trial detention of the petitioner in custody and the grant of bail to co-accused persons and trial having not yet been concluded even after more than two years custody of the petitioner, this Court without expressing any view on merit admits the petitioner to bail, but subject to verification of his criminal antecedent for commission of offence under NDPS Act.

6. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) with two solvent sureties each 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.

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 criminal antecedent for commission of offences under NDPS Act.

7. Accordingly, the BLAPL stands disposed of. 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

Subhasmita

Digitally Signed Signed by: SUBHASMITA DAS Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 02-Sep-2026 17:02:53 Signature Not Verified