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Judgment
G. Satapathy, J.
Since these three bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties.
These are bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Orkel P.S. Case No. 221 of 2025 corresponding to Special G.R. Case No.106 of 2025 pending in the file of learned Addl. Sessions Judge-cum-Special Judge, Malkangiri, for commission of offences punishable U/Ss. 20(b)(ii)(C)/29 of NDPS Act, on the main allegation of possessing 105Kgs of Contraband Ganja on a road side bushy area.
Heard, Mr. Deepak Kumar Panda, learned counsel for the petitioner in BLAPL No. 3014 of 2026; Mr. Pranab Kumar Das, learned counsel for the petitioner in BLAPL No. 3706 of 2026; Mr. Soumya Kanta Tripathy, learned counsel for the petitioner in BLAPL No. 6458 of 2026 and Mr. R.B. Mishra, learned Additional Public Prosecutor in the matter and perused the record including the copy of deposition of PWs.1 to 4.
After having considered the rival submissions upon perusal of record, there appears allegation against the Petitioners- Sarbeswar @ Kalia Behuria and Jadab Behera for possessing commercial quantity of Contraband article, whereas there appears allegation against the petitioner-Bibhisen Kirsani @ Bibhisen Krisani for supplying the consignment of above contraband article to co-accused-+petitioners but fact remains that neither any Contraband article was recovered from petitioner-Bibhisen Kirsani @ Bibhisen Krisani, nor was he found in possession of any Contraband article. Sec.37 of NDPS Act prescribes that no person accused of offence under NDPS Act involving commercial quantity shall be released on bail, where Public Prosecutor opposes such bail application; unless the Court is satisfied that there are reasonable grounds for believing that the accused is not guilty of the offence and he is unlikely to commit offence while on bail.
In the aforesaid facts and circumstances and on consideration of materials placed on record, especially when the petitioner-Bibhisen Kirsani @ Bibhisen Krisani is not found in possession of any Contraband articles, whereas the other two petitioners were allegedly found to be in possession of commercial quantity of Contraband articles to the tune of 105Kg, this Court while finding the Petitioners- Sarbeswar @ Kalia Behuria and Jadab Behera to have not been able to satisfy the conditions of Sec.37 of NDPS Act considers the petitioner Bibhisen Kirsani @ Bibhisen Krisani to have satisfied the conditions of Sec.37 of NDPS Act.
For the reasons stated hereinabove and taking into account the pre-trial detention of the petitioner Bibhisen Kirsani @ Bibhisen Krisani, this Court while not being inclined to grant bail to the Petitioners the Sarbeswar @ Kalia Behuria and Jadab Behera, considers it proper to grant bail to the Petitioner Bibhisen Kirsani @ Bibhisen Krisani.
Hence, the bail application of the Petitioners Sarbeswar @ Kalia Behuria and Jadab Behera in BLAPL Nos. 3706 & 6458 of 2026 stand rejected, whereas the bail applications of the petitioner namely Bibhisen Kirsani @ Bibhisen Krisani in BLAPL No. 3014 of 2026 stands allowed and consequently, the Petitioner Bibhisen Kirsani @ Bibhisen Krisani 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.
Accordingly, these BLAPLs stand disposed of. A soft copy of this judgment be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference.