Orissa High Court
BLAPL/6811/2026 of JAY KISHAN MEHRA Vs STATE OF ODISHA on 2 September 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.6811 of 2026 CNR No. ODHC010490762026 Jay Kishan Mehra & others … Petitioners Mr. M. Das, Advocate -versus- State of Odisha … Opposite Party Mr. T.K. Acharya, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) :
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.6811 of 2026
CNR No. ODHC010490762026
Jay Kishan Mehra & others
…
Petitioners
Mr. M. Das, Advocate
-versus-
State of Odisha
…
Opposite Party
Mr. T.K. Acharya, Addl. PP
CORAM: JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) : 02.09.2026
01.
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1. This is a bail application U/S.483 of BNSS by the petitioners for grant of bail in connection with Tumudibandha P.S. Case No. 28 of 2026 corresponding to C.T. Case No.93 of 2026 pending in the file of learned Special Judge-cum-Addl. Dist. & Sessions Judge, Balliguda, for commission of offences punishable U/S. 20(b)(ii)(C) of NDPS Act, on the main allegation of possessing 25Kgs of Contraband Ganja.
2. Heard, Mr. Mahes Das, learned counsel for the petitioners and Mr. T.K. Acharya, learned Addl. PP in the matter and perused the record. On being queried about the criminal antecedents of the petitioners, Mr. Das volunteers to withhold bail to the petitioners, if they are found to have any criminal antecedent of similar nature for commission of offence under NDPS Act.
3. Admittedly, the petitioners were taken into custody on 18.02.2026, but in the meantime, charge sheet has already been submitted, however, the trial is yet to commence and there are 19 charge sheeted witnesses and, therefore, the trial would take some more time. Further, it is claimed that the petitioners are not having any criminal antecedents of similar nature. In such view of the matter and taking into account the materials placed on record keeping in view the claim of the petitioners for not having any criminal antecedents, the petitioners would be considered to have satisfied the conditions of Section 37 of NDPS Act, if they are not having any criminal antecedent of similar nature for commission of offence under NDPS Act.
4. For the reasons stated hereinabove and taking into account the custodial period of the petitioners and on consideration of materials placed on record, this Court without expressing any view on merit admits each of the petitioners to bail, but subject to verification of their criminal antecedents for similar nature for commission of offence under NDPS Act.
5. Hence, the bail application of the petitioners stands allowed and each of the petitioners is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) each 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.
In view of the specific submission as advanced for the petitioners, the benefit of the aforesaid order shall not be extended to the concerned petitioner(s), if he/they is/are found to have criminal antecedent(s) of similar nature for commission of offence under NDPS Act.
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 S.Sasmal Digitally Signed Signed by: SUBHASMITA SASMAL Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 03-Sep-2026 17:37:45 Signature Not Verified