Orissa High Court

BLAPL/6790/2026 of MUKESH KUMAR Vs STATE OF ODISHA on 2 September 2026

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of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.6790 of 2026 CNR No.ODHC010480362026 Mukesh Kumar … Petitioner Mr. Sk. Zafarulla, Advocate -versus- State of Odisha … Opposite Party Mr. P. Satpathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL):02.09.2026 1 01. 1.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.6790 of 2026

CNR No.ODHC010480362026

Mukesh Kumar

…

Petitioner

Mr. Sk. Zafarulla, Advocate

-versus-

State of Odisha

…

Opposite Party

Mr. P. Satpathy, Addl. PP

CORAM: JUSTICE G. SATAPATHY

Order No.

ORDER(ORAL):02.09.2026

01.

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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 Rengali PS Case No.119 of 2025 corresponding to CT (Special) Case No.19 of 2025 pending in the Court of learned Special Judge, Jharsuguda, for commission of offence punishable U/S.20(b)(ii)(C) of the NDPS Act, on the main allegation of transporting 43Kgs 116Grams of Contraband Ganja in a Maruti Alto Car bearing Regd. No.UP-64-W-9333.

3. Heard, Mr. Sk. Zafarulla, learned counsel for the petitioner and Mr. P. Satpathy, 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 criminal antecedent for commission of offence under NDPS Act.

4. Admittedly, the petitioner was neither apprehended from the spot nor was he found in conscious possession of any Contraband article, rather he has been implicated in this case on the basis of statement of the registered owner of the vehicle. Besides, charge-sheet has already been submitted and there are 42 charge-sheeted witnesses, but the trial is yet to commence and, therefore, the trial would take some time. 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, 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 17:02:52 Signature Not Verified

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