Orissa High Court
ABLAPL/9193/2026 of OM PRAKASH PRADHAN Vs STATE OF ODISHA on 13 August 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 9193 of 2026 CNR No. ODHC010579242026 Om Prakash Pradhan …. Petitioner Mr. J. Sahu, Advocate -versus- State of Odisha …. Opposite Party Mr. C.R. Swain, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 13.08.2026 01. 1. Heard
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 9193 of 2026
CNR No. ODHC010579242026
Om Prakash Pradhan
….
Petitioner
Mr. J. Sahu, Advocate
-versus-
State of Odisha
….
Opposite Party
Mr. C.R. Swain, AGA
CORAM: JUSTICE V. NARASINGH
Order No.
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ORDER
13.08.2026
01. 1. Heard learned counsel for the Petitioner and learned counsel for the State.
2. The Petitioner is seeking pre-arrest bail in connection with Spl. G.R. Case No.15 of 2023 pending on the file of learned Additional Sessions Judge, Padampur, arising out of Padampur P.S. Case No.79 of 2023 for commission of offences punishable under Section 20(b)(ii)(C)/25/29 of the NDPS Act.
3. The allegation against the Petitioner is that he along with the co-accused were involved in the transportation of contraband (ganja) to the tune of 52 kg 480 grams.
4. It is submitted by the learned counsel for the Petitioner that the basis of implication is on account of the co-accused statement and since merely because charge sheet has been filed, the Petitioner ought not to be denied pre-arrest bail.
5. Such submission is opposed by the learned counsel for the State relying on the bar contained in Section 37(1)(b)(ii) of the NDPS Act.
6. Considering the rival submission, this Court is not inclined to entertain the application for pre-arrest bail. However, in the event the Petitioner surrenders before the learned Court in seisin in the aforesaid case and moves an application for his release on bail, the same shall be considered on its own merit and the decision of the Apex Court in the case of Tofan Singh vs. State of Tamil Nadu, (2021) 4 SCC 1, so pressed into service, shall be taken into account.
Ground of parity, if any, may be considered by the learned court(s) below.
7. Accordingly, the ABLAPL stands disposed of.
(V. NARASINGH)
Judge
Santoshi
Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 14-Aug-2026 18:28:40 Signature Not Verified