ABLAPL/8235/2026 of JEET @ JIHIT @ ABHIJIT MAHURIA @ MOHORIA Vs STATE OF ODISHA on 18 August 2026

ORDER

18.08.2026

02. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

2. The Petitioner is seeking pre-arrest bail in connection with T.R. Case No.21 of 2025 pending on the file of learned Sessions Judge-Cum- Special Judge, Koraput, At-Jeypore arising out of Jeypore Sadar P.S. Case No.91 of 2025 for commission of offences punishable under Section 20(b)(ii)C/25 of NDPS Act.

3. It is submitted by the learned counsel for the Petitioner that the Petitioner’s elder brother died in police custody and, while ventilating his grievance, the Petitioner was illegally detained, for which the Human Rights Commission directed payment of compensation which was upheld by this Court in writ appeal. To feed fat the grudge on the said count, the present Petitioner has been falsely implicated in the case at hand, in which the allegation is that the Petitioner along with the co-accused are involved in the transportation of contraband(ganja) to the tune of 177 kg.

4. Learned counsel for the State opposes such ground of false implication, inter alia, relying on the statement of the co-accused Firoz Nag.

5. It is trite that the co-accused statement can be taken into account at the stage of bail. Reference in this context can be respectfully made to the judgment of the Apex Court in the case of Kalyan Chandra Sarkar V. Rajesh Ranjan, reported in, (2005) 3 SCC 284.

6. It is the further submission of the learned counsel for the Petitioner that in the meanwhile preliminary charge sheet has been filed and the investigation has substantially progressed and the basis of implication is on account of the co-accused statement. Hence, the Petitioner is entitled to be protected by pre-arrest bail in the light of the judgment of the Apex Court in the case of Tofan Singh V. The State of Tamil Nadu, reported in (2013) 16 SCC 31

7. Considering the rival submission in the light of the rigors of Section 37(1)(b)(ii) of NDPS Act and criminal antecedent of the Petitioner which runs thus, this Court is not inclined to entertain the bail application. “xxx xxx xxx

1. Jeypore Town PS Case No. 178 of 2015 U/S 341/294/323/506/34 IPC.

2. Jeypore Town PS Case No. 180 of 2017 U/S 186/353/506 IPC/27/25(1-B) (a) Arms Act.

3. Jeypore Town PS Case No. 256 of 2017 U/S 323/294/341/506/34 IPC.

4. Jeypore Town PS Case No. 284 of 2017 U/S 341/323/379/506/34 IPC.

5. Jeypore Town PS Case No. 289 of 2017 U/S 394 IPC.

6. Jeypore Town PS Case No. 317 of 2017 U/S 341/294/224/225/333/353/307/506/34 IPC.

7. Jeypore Town PS Case No. 19 of 2018 U/S 307 IPC.

8. Jeypore Town PS Case No. 142 of 2018 U/S 344/294/323/307/34 IPC/25/27 Arms Act.

9. Jeypore Town PS Case No. 61 of 2023 U/S 307/387/34 IPC/R.W. Sec 25 & 27 Arms Act.

10. B.Singhpur PS Case No. 91/16 U/s 147/148/149/294/307/323/324/452 IPC/RW Sec 25/27 Arms Act.

11. Borigumma PS Case No. 144/20 U/s 395/412 IPC.

12. Jeyporé Sadar PS Case No- 90 of 2025 U/s- 140(2)/ 3(5) BNS turned to U/s-61(2)

r/w 310(2)/140(2)/127(2)/ 249(a)/ 238(a)/ 3(5) BNS r/w 25/27arms act. xxx xxx xxx”

However, in the event the Petitioner surrenders before the learned Court in seisin and moves an application for his release on bail, the same shall be considered on its own merit taking into account the precedents relied upon.

8. Accordingly, the ABLAPL stands disposed of.

(V. NARASINGH)

Judge

Soumya Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Date: 20-Aug-2026 18:08:31 Signature Not Verified